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HomeMy WebLinkAboutM032707BUTTE COUNTY BOARD OF SUPERVISORS MINUTES MARCH 27, 2007 ~~ .. , ~ . ~. County Supervisors Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Curt Josiassen, District 4 Kim Yamaguchi, District 5 Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel Officer and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 Called to order at 9:01 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. 0706-001 CORRECTIONS AND~OR CHANGES TO THE AGENDA. 1. Net Smart New York, Inc. - approval is requested for an agreement with Net Smart New York, Inc. which includes a fixed asset purchase of Electronic Medical Record (EMR) software. The agreement also includes the consulting services needed to install, configure, and implement the software. The EMR software has functions for practice management, electronic clinical records management, service billing to appropriate payors including Medi-Cal, eligibility verification, and integrated report writing for both Mental Health and Alcohol and Drug Services. The EMR fully complies with the Federal Confidentiality Standards required by 42 1320 et seq., Health Insurance Portability and Accountability Act of 1996. The term of the contract shall begin on the effective date of contract execution and shall continue until the project is completed. The maximum amount payable is $686,902 (department budget). Estimated Fiscal Year 2006/2007 costs shall not exceed $496,572, and the balance will be addressed in the Fiscal Year 2007/2008 budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE FIXED ASSET PURCHASES AS DETAILED IN THE AGENDA REPORT. THIS ITEM NEEDS THE ADDITIONAL ACTION REQUESTED PER THE AUDITOR CONTROLLER'S OFFICE: AND DIRECT THE AUDITOR-CONTROLLER TO PREPARE A BUDGET TRANSFER B-311 MOVING 5496,572 AS DESCRIBED BY THE NON-BOARD BUDGET TRANSFER REQUEST SUBMITTED BY THE BEHAVIORAL HEALTH DEPARTMENT AND APPROVED BY THE CHIEF ADMINISTRATIVE OFFICE. PacE 1 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 2. S & C Ford - approval is requested for an agreement with S & C Ford for the lease of a truck for law enforcement. The Sheriff's office received funding from the Department of Boating and Waterways (DBAW) to lease a vehicle for forty-eight months. The DBAW funding is reimbursed on a quarterly basis. The terms of funding do not allow acquisition of fixed assets as an outright purchase. The vehicle will be available for purchase for $1.00 upon completion of the lease. Invitation for Bids No. 91-07 was sent to twenty-five suppliers and four bids were received with S & C submitting the lowest bid - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. THIS ITEM SHOULD SHOW AS A FIXED ASSET PURCHASE AND BUDGET TRANSFER DUE TO ACCOUNTING PRACTICES INVOLVING LEASES ENDING IN A PURCHASE. ACTION REQUESTED SHOULD ALSO INCLUDE APPROVE FIXED ASSET PURCHASE AND PAYMENT PLAN; AND ACCEPT UNANTICIPATED REVENUE FROM LOAN PROCEEDS THAT OFFSET PURCHASE. 07 0 6-0 02 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION 1. Palm 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 is requesting approval of the agreement in order to be reimbursed by the property owners of Lots 11 and 12 prior to the issuance of development permits - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER THIS ITEM WAS PULLED FROM THE CONSENT AGENDA FOR DISCUSSION. PacE 2 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 2. Four County Memordandum of Understanding (MOU) - in August 2004, the Board authorized the County of Butte to participate with Glenn, Tehama, and Colusa Counties in the collaborative development of a regional water planning process associated with groundwater related activities. At their March 6, 2007 meeting, the Butte County Water Commission voted to recommend the Board of Supervisors approve Addendum One to the Four County MOU which further details how the counties will work together on water resource projects, specifically the exchange of data and monitoring results; any incidents of abnormal water levels; and the acquisition of grant funding - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. THIS ITEM WAS PULLED FROM THE CONSENT AGENDA FOR DISCUSSION. CONSENT AGENDA 0706-003 1. Crestwood Behavioral Health, Inc. - amendment - approval is requested for an amendment to the agreement with Crestwood Behavioral Health, Inc., for the provision of Institutions for Mental Disease Services and Enhancement Services. This agreement maximizes options for client placement between the Crestwood facilities. The amendment increases the maximum amount payable by $257,524.35 for Fiscal Year 2006/2007. The term of the contract amendment is July 1, 2006 through June 30, 2007. The maximum amount payable shall not exceed $618,909.50 (department budget). 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. X16082) 2. Skyway House - amendment - approval is requested for an amendment to the agreement with the Skyway House for the provision of long-term residential recovery services, day care services and alcohol and drug free housing services. The amendment increases the maximum amount payable by $68,771.57 for Fiscal Year 2006/2007. The term of the contract amendment is July 1, 2006 through June 30, 2007. The maximum payable amount shall not exceed $163,198.24 (department budget). 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. X16362) 3. Thomas Lancaster, M.D. - amendment - approval is requested PacE 3 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 for an amendment to the sole source agreement with Thomas Lancaster, M.D., for the provision of medical services in the specialized field of Psychiatry. The amendment increases the maximum amount payable by $62,652.50 for Fiscal Year 2006/2007. The term of the contract amendment is July 1, 2006 through June 30, 2007. The maximum payable amount shall not exceed $127,177.50 (department budget). 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. X16159) 4. Tri-County Treatment - amendment - approval is requested for an amendment to the agreement with Tri-County Treatment for the provision of short-term residential recovery services and day care habilitative services for residents referred by the department. The amendment increases the maximum amount payable by $39,852.50 for Fiscal Year 2006/2007. The term of the contract amendment is July 1, 2006 through June 30, 2007. The maximum payable amount shall not exceed $88,672.50 (department budget). 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. X16355) 5. Cherokee Restoration Fellowship - amendment - approval is requested for an amendment to the agreement with Cherokee Restoration Fellowship for the provision of residential treatment services and Alcohol and Drug Free Housing for clients referred by the department. The amendment increases the maximum amount payable by $36,248.23 for Fiscal Year 2006/2007. The term of the contract amendment is July 1, 2006 through June 30, 2007. The maximum payable amount shall not exceed $101,823.32 (department budget). 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. X162284) 6. County of Glenn - approval is requested for an agreement with the County of Glenn for the provision of acute psychiatric inpatient care to the residents of Glenn County. The term of the contract is July 1, 2006 through June 30, 2007. Glenn County will pay the department $40,000 for this service (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 7. CRP, Incorporated - approval is requested for a Revenue Agreement with CRP, Incorporated to receive Substance Abuse PacE 4 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 and Mental Health Services Administration funding for the purpose of enhancing evaluation tools of the Friday Night Live (FNL) Mentoring Programs. The department's Community Services Division will develop an enhanced evaluation tool which will compare outcomes of the FNL and Club Live Mentoring Programs with outcomes from comparison schools which do not have FNL Mentoring Programs 2007 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE A BUDGET TRANSFER B-306 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. (Contract No. R40931) 8. Superior Court of California - Collaborative Justice Courts Substance Abuse Program 2006/2007 - approval is requested to accept and appropriate $40,750 in unanticipated revenue from the Superior Court of California. The funds are used by the department to provide residential treatment services and substance abuse testing for clients involved in Proposition 36 Treatment Court because of substance abuse related offenses - action requested - APPROVE BUDGET TRANSFER B-307 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. (Contract No. R40924) 9. Guillon, Inc. - approval is requested for a lease agreement with Guillon Inc. for the property located at 88 Table Mountain Blvd, Oroville. The location will be utilized for general and administrative offices and youth client support services for the Oroville Community Counseling Center. The term of the agreement is from August 1, 2007 through December 31, 2017. The maximum payable amount shall not exceed $1,669,410. For Fiscal Year 2007/2008, the total amount shall be $142,644 and will be addressed in the Fiscal Year 2007/2008 budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PacE 5 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 10. Net Smart New York, Inc. - approval is requested for an agreement with Net Smart New York, Inc. which includes a fixed asset purchase of Electronic Medical Record (EMR) software. The agreement also includes the consulting services needed to install, configure, and implement the software. The EMR software has functions for practice management, electronic clinical records management, service billing to appropriate payors including Medi-Cal, eligibility verification, and integrated report writing for both Mental Health and Alcohol and Drug Services. The EMR fully complies with the Federal Confidentiality Standards required by 42 1320 et seq., Health Insurance Portability and Accountability Act of 1996. The term of the contract shall begin on the effective date of contract execution and shall continue until the project is completed. The maximum amount payable is $686,902 (department budget). Estimated Fiscal Year 2006/2007 costs shall not exceed $496,572, and the balance will be addressed in the Fiscal Year 2007/2008 budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE FIXED ASSET PURCHASES AS DETAILED IN THE AGENDA REPORT. 11. Budget Transfer - approval is requested for a transfer of $50,000 from General Fund contingencies to the Grand Jury budget unit due to unbudgeted increases in mileage and per diem reimbursements to Grand Jurors and other higher than budgeted operational costs as detailed in the agenda report - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 12. California State Fair Booth 2007 - Butte County has participated in the California State Fair since 1990. Since 2001, the County has received gold medals for three of six exhibits entered into the State Fair. In order to enter a booth into the 2007 fair, the Board of Supervisors must appoint an official State Fair representative to assume responsibility for the exhibit - action requested -APPOINT THE BUTTE COUNTY ADMINISTRATIVE OFFICE AS THE COUNTY'S OFFICIAL REPRESENTATIVE TO THE STATE FAIR. PacE 6 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 13. Resolution Approving Application Submittal to California Department of Housing and Community Development (HCD) - consideration of a resolution that would authorize submittal of an application and contract execution for funding from HCD under the CalHome program. Activities authorized by CalHome include Housing Rehabilitation as well as First Time Home Buyer Assistance. The maximum amount available per applicant for all activities is $600,000 and the program allows a maximum of $40,000 of assistance per household. Staff recommends applying for the maximum amount to continue funding the County's owner occupied Housing Rehabilitation Program - action requested - ADOPT RESOLUTION 07-048 AND AUTHORIZE THE CHAIR TO SIGN. 14. Approval of Minutes 2006 - approval is requested for the Minutes of March 28, 2006. A recent documents audit discovered the Minutes were inadvertently filed before being presented to the Board for approval - action requested - APPROVE THE MINUTES OF MARCH 28, 2006, WITH THE NOTATION THAT SUPERVISOR KIRK WILL ABSTAIN FROM APPROVAL OF THE 2006 MINUTES. 15. Approval of Minutes - action requested - APPROVE MINUTES OF MARCH 13, 2007. 16. IT Fleet Services, Inc. - amendment - approval is requested for an amendment to the agreement with IT Fleet Services, Inc. for access to the Asset Shadow System, Election and Inventory Module. The system allows for inventory control of election supplies, other election equipment, and the security and tracking of the electronic voting system. The amendment increases the maximum amount payable by $19,057.50 and extends the term through June 30, 2010. The maximum payable amount shall not exceed $34,240.21. 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. X15958) PacE 7 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 17. Butte County Resource Conservation District - Conflict of Interest Code Amendment and Biennial Report - pursuant to Government Code Section 87306.5, Board approval is requested for an amended Conflict of Interest Code and Biennial Report for the Butte County Resource Conservation District. The amended code includes new positions, including consultants that must be designated. The amended code and report have been reviewed by County Counsel and determined to be proper - action requested - APPROVE AMENDED CONFLICT OF INTEREST CODE; AND ACCEPT BIENNIAL REPORT. 18. Butte County Association of Governments (BCAG) - Conflict of Interest Code Amendment and Biennial Report - pursuant to Government Code Section 87306.5, Board approval is requested for an amended Conflict of Interest Code and Biennial Report for BCAG. The amended code includes new positions, including consultants that must be designated. The amended code and report have been reviewed by County Counsel and determined to be proper - action requested - APPROVE AMENDED CONFLICT OF INTEREST CODE; AND ACCEPT BIENNIAL REPORT. 19. Youth for Change - amendment - approval is requested for an amendment to the agreement with Youth for Change for Facilitation Services. Working under the direction of Children's Services, Youth for Change provides logistical coordination and facilitation of family meetings for Children Services' clients. The amendment reduces the terms of the contract to one full time equivalent facilitator position and decreases the contract maximum payable to $91,002 for Fiscal Year 2006/2007 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X16054) 20. Child Welfare System Outcome Improvement Program Activities - Agreements for Services - amendments - approval is requested for amendments (3) to the agreements with various providers for services in support of the Child Welfare System Outcome Improvement Program. The maximum amounts payable are increased for the agreements, with funding for all amendments available within the department's budget. The amendments revise the financial provisions as follows: 1) Youth For Change (Contract No. X15850) increased by $25,459; 2) Northern Valley Catholic Social Services (Contract No. X15860) increased by $12,677; and 3) Parent Education Network (Contract No. X15851) increased by $25,459 - action requested - APPROVE AGREEMENT AMENDMENTS (3) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PacE 8 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 21. California Statewide Automated Welfare System Consortium IV (C-IV) - Joint Powers Agreement and Memorandum of Understanding (MOU) - approval is requested for a JPA and MOU needed in order for the department to participate in C-IV in order to use the C-IV developed automated welfare system. Butte County is one of thirty-five counties that have shared use of the Interim Statewide Automated Welfare System (ISAWS) since 1994. AB 444, adopted on September 28, 2002, established legislative intent for ISAWS counties to migrate to another consortia system. The major objective of the Consortium is to ensure the automated system provides timely, accurate, and cost effective services. The JPA and MOU do not contain fiscal obligations or commitments for the ounty - action requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. 22. Citygate Associates, LLC - approval is requested for an agreement with Citygate Associates, LLC for a study on the Standards of Response Cover for the department. The Standards of Response Cover will build upon a Fire Department review conducted in 2005 and will: 1) establish the standard response levels of coverage; 2) make recommendations regarding the number and rank of personnel required on duty; 3) conduct a detailed deployment analysis to determine, if, where, and how service improvements can be made; and 4) conduct an analysis of the volunteer program. The information from this study will also facilitate updating the Safety Element of the Butte County General Plan currently under revision. The term of the agreement is from April 1, 2007 through November 1, 2007. The maximum payable will not exceed $66,990. The Fire Department sent out the request for proposal in January 2007 for this study and Citygate Associates, LLC's proposal was the only responsive proposal received -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 23. HR 2389 Secure Rural Schools and Community Self-Determination Act of 2000 (Federal Fire Safe Funding) Fiscal Year 2005-2006 Project Authorization -amendment - approval is requested for an amendment to this agreement which implemented projects for Fiscal Year 2005/2006 under Title III of the Secure Rural Schools and Community Self-Determination Act of 2000. The amendment extends the agreement to June 30, 2008. 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. X15726) PacE 9 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 24. Executive Homes - approval is requested for an agreement with Executive Homes for the replacement of modular living quarters at Fire Station 44 (Fair Street, Chico). The existing living quarters are no longer habitable, and an arrangement was made with the property owner to demolish the existing building and replace it with a modular unit. Invitation for Bids No. 80-07 was sent to seven suppliers, and Executive Homes submitted the lowest bid of the three that were received. The Board previously approved the budget transfer to provide funding for this project -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 25. Surplus Equipment - approval is requested to declare surplus a total of nineteen vehicles and equipment. Various departments requested the disposal of the vehicles and equipment which are described in the agenda report. The plan is to auction these items through Ramay Auctions - action requested - DECLARE VEHICLES AND EQUIPMENT SURPLUS AND AUTHORIZE DISPOSITION BY THE PURCHASING AGENT. 26. Fixed Asset Purchase - Increase to Purchasing Authority - in the 2006/2007 Budget, General Services received authority to purchase a replacement pickup truck with lift gate for a maximum of $19,000. The actual cost without the lift gate is $21,936.65. Approval is requested to increase the fixed asset purchase authority to $22,000 and to change the asset description from replacement pickup with lift gate to replacement pickup. The department will transfer the existing lift gate to the new truck. The additional funds are available within the department's budget -action requested - APPROVE INCREASE TO PURCHASING AUTHORITY AND CHANGE DESCRIPTION TO REPLACEMENT TRUCK. 27. Resolution Honoring Butte County Employees for Dedicated Years of Service - presentation of awards to employees with 30, 35, and 40 years of service to the County of Butte. The two employees with 30 years of service are Michael Stewart and Wayne Mitchell. Marva Van Gilder has 35 years of service, and Dora West has 40 years of service - action requested - ADOPT RESOLUTION 07-049 AND AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARDS TO EMPLOYEES. PacE l0 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 28. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: CHILD SUPPORT - deletes one position of Legal Secretary and adds one position of Child Support Specialist. ADMINISTRATION -deletes one sunset position of Administrative Assistant and creates one term position of Administrative Assistant. This position is effective February 27, 2007 to September 7, 2007. ADMINISTRATION-FACILITIES SERVICES - adds one position of Manager, Facilities Services and two positions of Building Crafts Worker, Senior or Building Crafts Worker. DISTRICT ATTORNEY - deletes one position of Investigator I/II - action requested - ADOPT RESOLUTION 07- 050 AND AUTHORIZE THE CHAIR TO SIGN. 29. Budget Transfer and Fixed Asset Purchases - Document Management System Hardware Funding - approval is requested for funding for the purchase of fixed assets to centralize existing document management systems and expand availability to all County departments. The components needed for implementation are a Storage Area Network System, an Intranet Web Server, and an Internet Web Server. The total cost will be $111,389 - action requested - APPROVE BUDGET TRANSFER B- 310 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASES. 30. Library Donations - pursuant to Government Code Section 25355, donations of $1,000 from Partners in Care, $1,956.35 from Paradise Friends of the Library, $100 from Maudie Penney, $350 from Chico Friends of the Library, $102 from Sigma Phi Gamma-Delta Nu Chapter, $556 from an anonymous donor, $833.50 from Oroville Friends of the Library, $1,000 from Loy Braley and Joan Regan, and $200 from Ruthmarie Ferris, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 31. California Family Health Council, Inc.(CFHC) - approval is requested for an agreement with CFHC, a non-profit California Corporation. CFHC will provide $112,680 in funds to the department for the provision of family planning services. The term of the contract is from January 1, 2007 through December 31, 2007. The funds from CFHC were included in the Fiscal Year 2006/2007 budget -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 32. Fixed Asset Purchases - approval is requested for the purchase of modular furniture for Animal Control Division and PacE ll MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 California Children's Services Division. The Board approved the purchase for Animal Control Division on September 12, 2006 in the amount of $25,000. The actual amount needed is $29,745 (department budget). California Children's Services Division needs to replace work areas that are either not designed to be used with computers or are too costly to repair. The cost for Children's Service Division furniture will be $40,000 (department budget) - action requested - APPROVE FIXED ASSET PURCHASES. 33. Resolution Authorizing Grant Application to the California Integrated Waste Management Board (CIWMB) - consideration of a resolution authorizing the submittal of a grant application to CIWMB for the Local Enforcement Agency Grant. A grant package of $18,500 is available to support local solid waste landfill permit and inspection programs, and no matching funds are required These funds will be utilized to cover staff and operating expenses - action requested - ADOPT RESOLUTION 07-051 AND AUTHORIZE THE CHAIR TO SIGN. 34. Resolution Accepting Offer of Dedication of Park Way, West Way, and Portions of Crest Drive and Mountain Vista Drive within Palm Crest Village Subdivision - 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. CHIP has requested the County accept Park Way, West Way, and the portions of Crest Drive and Mountain Vista Drive as dedicated for County maintenance - action requested - ADOPT RESOLUTION 07-052 AND AUTHORIZE THE CHAIR TO SIGN. 35. Resolution Naming a Public Road - consideration of a resolution naming a newly constructed road used to access a new school located south of 5770 Lower Wyandotte Road in Oroville - APN 063-110-039 (old) APN 078-110-039 (new). The road has been constructed and inspected in accordance with County improvement standards and accepted as complete on September 25, 2006. A right-of-way dedication was accepted by the Board on September 26, 2006. The Palermo Union School District is requesting the road be named Golden Hills Drive. The road name coordinator recommends that name be approved - action requested - ADOPT RESOLUTION 07-053 AND AUTHORIZE THE CHAIR TO SIGN. PacE 12 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 36. Resolution Authorizing the Director of Public Works to Certify Right-of-Way - Aguas Frias Road Bridge Replacement Project - the department has recently completed all right-of- way and easement acquisitions necessary to deliver right-of- way certification to Caltrans for this project. Funded through the Federal Highway Bridge Program (HBP) and State Transportation Improvement Program (STIP), this project will replace two County bridges with a single structure and will include approximately 700 meters of roadway construction. Funding for this project is as follows: 80o HBP and 200 local match for Preliminary Engineering and 88.53° HBP and 11.47° STIP for construction - action requested - ADOPT RESOLUTION 07-054 AND AUTHORIZE THE CHAIR TO SIGN. 37. Resolution Concerning Changes in Maintained Mileage Within Butte County - approval is requested for a resolution which certifies the annual changes to the County's maintained mileage. The maintained mileage for the current year is 1,318.395 miles, a reduction of 12.187 miles from the previous year. The reduction is due primarily to annexations to local jurisdictions - action requested - ADOPT RESOLUTION 07-055 AND AUTHORIZE THE CHAIR TO SIGN. 38. Construction of Base Liner in Module 4, Phase C at Neal Road Sanitary Landfill, County Project No. 757-5903 - approval is requested by the Director of Public Works for authorization to advertise for bids for the construction of the base liner, which is the next phase of work following excavation. The base liner work will consist of constructing a soil and geo- membrane liner system, placing a soil operations layer, and installing leachate and storm water collection systems. Upon selection of a qualified bidder, the department will return to the Board for award of contract and appropriation of funds. It is anticipated the work will begin by June 2007 - action requested -AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO RELEASE REQUEST FOR BIDS. 39. Safety Kleen Systems Hazardous Waste Recovery Service Invoice PacE 13 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 Payment - the Public Works Fleet Service Shop steam bay generates hazardous wastes when servicing fleet vehicles. The steam bay trap and separators are pumped periodically as solids and sludge accumulate. The trap and separators prevent hazardous waste from entering the storm water system. Costs have historically stayed under $2,500 per service and past practice was to order the service by field purchase order (FPO). Due to increased road maintenance activity over the past year, the costs have increased to exceed the $2,500 threshold for FPOs. Services requested on February 22, 2007 totaled $3, 788 .20 and cannot be paid by FPO. In the future, Public Works will use a Blanket Purchase Agreement to avoid unauthorized purchases - action requested - RATIFY PURCHASE FROM SAFETY KLEEN. 40. Printrak - approval is requested for a maintenance contract with Printrak, the company that maintains, supports, and leases the inmate electronic tracking system in the Butte County Jail. The Incarceration Division tracks inmates using inmate identification cards and video capture stations and has utilized the Printrak system since 2002. The term of the agreement is from April 1, 2007 through March 31, 2008 with a maximum payable of $38,358 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 41. S & C Ford - approval is requested for an agreement with S & C Ford for the lease of a truck for law enforcement. The Sheriff's office received funding from the Department of Boating and Waterways (DBAW) to lease a vehicle for forty- eight months. The DBAW funding is reimbursed on a quarterly basis. The terms of funding do not allow acquisition of fixed assets as an outright purchase. The vehicle will be available for purchase for $1.00 upon completion of the lease. Invitation for Bids No. 91-07 was sent to twenty-five suppliers and four bids were received with S & C submitting the lowest bid - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 42. Monthly Investment Report - submitted is the Monthly Investment Report dated February 28, 2007 in accordance with the Statement of Investment Policy dated July 1, 2006 - action requested - ACCEPT FOR INFORMATION. 43. Water Advisory Committee (WAC) Bylaws - approval is requested for amendments to the bylaws for WAC that were originally adopted in November 2005. The additions are necessary to PacE 14 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 further clarify the roles and responsibilities of the participating representatives - action requested -APPROVE AMENDED BYLAWS. 44. Resolution in Recognition of the 104th Anniversary of the California State Flower - consideration of a resolution honoring April 6, 2007 as California Poppy Day - action requested - ADOPT RESOLUTION 07-056 AND AUTHORIZE THE CHAIR TO SIGN. 45. Proclamation Designating April as Child Abuse Prevention Month in Butte County - action requested - APPROVE PROCLAMATION 07-057 AND AUTHORIZE CHAIR TO SIGN. 46. Emergency Medical Care Committee - submitted is the Committee's recommendation for a membership vacancy appointment - APPOINT GREGORY M. TAYLOR AS REPRESENTATIVE FOR EMERGENCY DEPARTMENT PHYSICIAN TO A TERM TO END JUNE 30, 2010. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 3.39 AND 3.44 AND WITH THE INCLUSION OF ADDITIONAL ACTION REQUESTED FOR ITEMS 3.10 AND 3.42 AS DETAILED IN SECTION 0706-001. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PRESENTATIONS WERE MADE TO THE LONG TERM EMPLOYEES OF BUTTE COUNTY AND A PHOTO WAS TAKEN WITH THE EMPLOYEES, FAMILY MEMBERS, AND BOARD MEMBERS. REGULAR AGENDA 0706-004 Boards, Commissions and Committees. Appointments to Listed Vacancies. MOTION: I MOVE TO APPOINT DAVID JOHNSON AS REGULAR BOARD MEMBER, THOMAS FISCUS AS AN ALTERNATE, AND GARY AZEVEDO AS HEARING OFFICER TO THE ASSESSMENT APPEALS BOARD. (486) 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) MOTION: I MOVE TO ESTABLISH AN AD HOC COMMITTEE WITH YUBA COUNTY TO PAGE 15 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 NT SUPERVISORS CONNELLY AND JOSIASSEN TO THIS COMMITTEE. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) CHAIR DOLAN INDICATED THAT SHE WILL BE MAKING AN APPOINTMENT TO THE COMMUNITY ACTION AGENCY IN THE NEAR FUTURE. 0706-005 Board Member or Committee Reports. (674) SUPERVISOR YAMAGUCHI REPORTED ON THE SCOPING SESSION THAT TOOK PLACE IN PARADISE REGARDING THE CONSTRUCTION OF A BIKE PATH. HE INDICATED THAT APPROXIMATELY 100 PEOPLE SHOWED UP TO DISCUSS OPTIONS. SUPERVISOR YAMAGUCHI REPORTED ON HIS ATTENDANCE AT THE SIERRA NEVADA CONSERVANCY. HE INDICATED THAT HE WOULD HAVE MORE TO REPORT AT A LATER TIME REGARDING COMBINED SUBREGION REPORTS. SUPERVISOR DOLAN REPORTED ON THE SACRAMENTO RIVER CONSERVATION AREA FORUM. THE FORUM HAS BEEN WORKING ON A GOOD NEIGHBOR POLICY FOR FOUR YEARS. THE FORUM ADOPTED THE WORK THAT HAD BEEN GOING ON AT A COMMITTEE CALLED LANDOWNER ASSURANCES COMMITTEE. SHE INDICATED SHE WILL PROVIDE A COPY OF THE INFORMATION TO THE BOARD. (715) SUPERVISOR DOLAN REPORTED ON HER AND SUPERVISOR YAMAGUCHI'S ATTENDANCE AT THE EMERGENCY SERVICES COUNCIL. THEY DISCUSSED A GUIDE THAT COMES FROM RIVERSIDE COUNTY REVIEWS WHAT ELECTED OFFICIAL NEED TO KNOW IN CASE OF AN EMERGENCY. SHE PROVIDED COPIES TO THE BOARD. (733) SUPERVISOR JOSIASSEN REPORTED THAT HE AND SUPERVISOR CONNELLY HAVE ATTENDED TWO MEETINGS SINCE MEASURE 8 PASSED IN THE BIGGS-GRIDLEY- RICHVALE AREA FOR THE SPECIAL TAX FOR THE BIGGS-GRIDLEY HOSPITAL. THE LAST MEETING FINALIZED THE AGREEMENT. THE FUNDING AND OVERSIGHT AGREEMENT BETWEEN THE HOSPITAL AGENCY AND THE BIGGS-GRIDLEY HOSPITAL. HE INDICATED THAT THINGS WERE MOVING FORWARD, AND THAT FINANCIAL PROBLEMS INVOLVING THE EMERGENCY ROOM ARE BEING RESOLVED. (750) SUPERVISOR CONNELLY REPORTED ON HIS ATTENDANCE AT THE BUTTE COUNTY WATER AND RESOURCE DIVISION'S WATER FORUM. THE FORUM WAS HELD TO HELP INDIVIDUALS BETTER UNDERSTAND OUR GROUNDWATER AND HOW THE STATE LOOKS AT THE GROUNDWATER. SUPERVISOR CONNELLY ALSO REPORTED ON HIS ATTENDANCE AT THE PacE 16 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 OR PRESENTED CERTIFICATES OF APPRECIATION TO EACH BOARD MEMBER FOR BUTTE COUNTY'S SUPPORT. (858) REGULAR AGENDA 0706-006 Code Enforcement Nuisance Abatement Program - the Code Enforcement Nuisance Abatement Program is out pacing the Departmental budget assumptions. The department requests a budget transfer of $300,000 as detailed in the agenda report to support ongoing nuisance abatement activities. The department proposes to include additional nuisance abatement program activities as billable items - action requested - APPROVE BUDGET TRANSFER B-309 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND AUTHORIZE STAFF TO INCLUDE ADDITIONAL COST RECOVERY ITEMS THROUGHOUT THE NUISANCE ABATEMENT PROCESS AND RETURN WITH COUNTY CODE AMENDMENTS IF NECESSARY. (Development Services)(1327) MOTION: I MOVE TO APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND AUTHORIZE STAFF TO INCLUDE ADDITIONAL COST RECOVERY ITEMS THROUGHOUT THE NUISANCE ABATEMENT PROCESS AND RETURN WITH COUNTY CODE AMENDMENTS IF NECESSARY. (1475)(1492) 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) 0706-007 Smucker Quality Beverage, Inc., Use Permit (UP) 06-0020 - two appeals of Planning Commission's Approval - on February 27, 2007, the Board made a motion of intent that denied the appellant's appeal, granted the applicant's appeal, and included a modification of the new truck route. Staff was directed to prepare a resolution with findings and to modify the Use Permit to include the proposed changes and modified conditions of approval - action requested - ADOPT MITIGATED NEGATIVE DECLARATION WITH FINDINGS; APPROVE USE PERMIT WITH FINDINGS AND CONDITIONS OF APPROVAL; AND ADOPT RESOLUTION 07-058 AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) (1685) DIANE GAUMER REQUESTED THAT SUPERVISOR JOSIASSEN LOOK AT THE TREES ALONG THE FENCE LINE. SHE WANTS TREES TO BE SAVED. SUPERVISOR JOSIASSEN AGREED TO TOUR THE SITE. DEVELOPMENT SERVICES ASKS TO CLARIFY THE CONDITION OF THE APPROVAL REGARDING THE HOURS OF SCHEDULED DELIVERY. COUNTY COUNSEL SUGGESTED PacE 17 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 EN 6:00 A.M. AND 9:00 P.M." MOTION: ADOPT MITIGATED NEGATIVE DECLARATION WITH FINDINGS; APPROVE USE PERMIT WITH FINDINGS AND CONDITIONS OF APPROVAL INCLUDING THE FOLLOWING LANGUAGE IN CONDITION 17B: NO SCHEDULED DELIVERIES BEYOND THE TIME OF 6:00 A.M. TO 9:00 P.M.; AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (2440) 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) 0706-008 Request for Board Direction Regarding Agricultural Exempt Buildings - Permitting Policies and Impact Fee Collection - the department requests direction regarding the following: to eliminate the practice of allowing building permit exemptions for Agricultural buildings; to require building permits, plan check and inspection of all buildings, regardless of use; and to defer the payment of development impact fees for Agricultural buildings - action requested - DIRECT STAFF TO REVISE BUTTE COUNTY CODE 26-3.1 AS DETAILED IN THE AGENDA REPORT. (Development Services)(3055)(*0) MOTION: BOARD DIRECTS STAFF TO HOLD AT LEAST TWO PUBLIC WORKSHOPS TO PROPOSE NEW RULES. THE WORKSHOPS SHOULD BE ADVERTISED AND INCLUDE THE AGRICULTURE COMMISSIONER, APPROPRIATE DEVELOPMENT SERVICES STAFF, AND ALL APPROPRIATE COUNTY STAFF. THE DEPARTMENT SHOULD BRING BACK TO THE BOARD THE ISSUES IDENTIFIED IN THOSE WORKSHOPS. (*600) M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) RECESS: 10:50 a.m. RECONVENE : 11:0 5 a . m . 0706-009 Public Hearing - Itemized Cost of Nuisance Abatement for property located at 0 Tiny Lane, Palermo. This property was abated on January 5, 2007 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $15,732.75; DIRECT RECORDATION OF THE LIEN; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (*1110) PUBLIC HEARING OPENED: 11:06 PUBLIC HEARING CLOSED: 11:07 PAGE 18 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 MOTI HE AMOUNT OF $15,732.75; DIRECT RECORDATION OF THE LIEN; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Development Services) M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) 0706-010 Public Hearing - Itemized Cost of Nuisance Abatement for property located at 14788 Pine Cone Way, Magalia. This property was abated on December 4, 2006 through December 11, 2006 - action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $10,435.23; DIRECT RECORDATION OF THE LIEN; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Development Services)(*1157) PUBLIC HEARING OPENED: 11:08 PUBLIC HEARING CLOSED: 11:09 MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $10,435.23; DIRECT RECORDATION OF THE LIEN; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) 0706-011 Public Hearing - Ordinance Amending Chapter 3 Fees of the Butte County Code - this ordinance will add a new fee for the Land Development Division of Public Works for processing applications filed to create a Zone within the Countywide Permanent Road Division. The fee is based on actual time billing per the established hourly rate as described in County Code Section 3-82. The fee is a minimum deposit only and not a flat fee. The amount of the fee (deposit) is $590 which is based on an estimated four hours of staff time - action requested - ADOPT ORDINANCE 3960 AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)(*1239) PUBLIC HEARING OPENED: 11:11 PUBLIC HEARING CLOSED: 11:11 MOTION: I MOVE TO ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) 0706-012 Public Hearing - Specific Plan Amendment (SPA 06-01): Ordinance PacE 19 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 en ing e - one o e or ico peci is an to Allow as Conditional Uses, Substantially Similar Uses to Those Specified in Chapter 7, pages 7-19 and 7 -20 of the NCSP - the Planning Commission held a public hearing on February 8, 2007 to consider the proposed SPA and recommen ds approval - action requested - STAFF RECOMMENDS THE FOLLOWING ACTIONS: 1. ADOPT RESOLUTION 07-059 MAKING FINDINGS IN SUPPORT AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER THE GENERAL RULE EXEMPTION SECTION 15061(b)(3); AND 2. ADOPT ORDINANCE 3961 AMENDING THE NCSP TO ALLOW SUBSTANTIALLY SIMILAR USES AS CONDITIONALLY PERMITTED IN THE M-1/NCSP (LIGHT INDUSTRIAL) ZONE. (Development Services) (*1377) PUBLIC HEARING OPENED: 11:15 PUBLIC HEARING CLOSED: 11:18 A MEMBER OF THE PUBLIC WHO DID NOT GIVE HIS NAME SPOKE REQUESTING THAT THE PLAN FOR THE NORTH CHICO SPECIFIC PLAN MATCH THE CHICO SPECIFIC PLAN IN THE M-1. HE WANTS THE BOARD TO CONSIDER A FUTURE AMENDMENT FOR RECREATIONAL USES IN THE M-1 ZONE. CHUCK THISTLETHWAITE, MANAGER FOR PLANNING FROM DEVELOPMENT SERVICES INDICATED THAT DEVELOPMENT SERVICES WILL BE BRINGING THE ISSUE REGARDING THE FUTURE AMENDMENT FOR RECREATIONAL USES ALONG WITH OTHER ORDINANCE AMENDMENTS FORWARD TO THE BOARD FOR DIRECTION AT A LATER DATE. MOTION: I MOVE TO ADOPT RESOLUTION MAKING FINDINGS IN SUPPORT AND FINDING THE PROJECT EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER THE GENERAL RULE EXEMPTION SECTION 15061(b)(3); AND ADOPT ORDINANCE AMENDING THE NCSP TO ALLOW SUBSTANTIALLY SIMILAR USES AS CONDITIONALLY PERMITTED IN THE M-1/NCSP (LIGHT INDUSTRIAL) ZONE. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) 0706-013 Public Hearing - Resolution Amending the Department of Development PacE 20 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 ervices - ui ing ivision ee c e u e o e u e oun y ode - in February 2007, the Board adopted an ordinance that added language to Section 3-41, Chapter 3 (Fees) to allow for periodic increases to the Building Division Fee Schedule based on the Employment Cost Index (ECI) for State and Local Governments. Consideration is requested for the resolution that includes fee adjustments based on one of the following: 1) The change in the ECI between the effective date of the fee and the most recent available ECI data for the current year; or 2) Other regulatory changes outside of the County Code regarding the allowable level of fees. The ECI at the original time of adoption of Building Division Fees, 1St Quarter 2004, was 93.5. The cost escalator that is applied in this item is 11.340 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)(*1632)(*1778) PUBLIC HEARING OPENED: 11:23 PUBLIC HEARING CLOSED: 11:24 MOTION: VOTE: I MOVE TO ADOPT RESOLUTION APPLYING A 6.340 INCREASE TO THE COST ESCALATOR NOW AND A 5o INCREASE PLUS WHATEVER THE ADDITIONAL ADJUSTMENT IS TO CATCH UP IN THE SECOND YEAR AND AUTHORIZE THE CHAIR TO SIGN. M 1 Y 2 Y 3 Y 0706-014 RECESS: 2 4 Y 5 Y (Motion Carried Unanimously) THE BOARD RECESSED AT 11:27 A.M. TO CLOSED SESSION CONFERENCE WITH ACTUAL LITIGATION PURSUANT TO GOVERNMENT PAGE 21 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 a ON (FERC PROJECT 2100); 2. SHELTON V. BUTTE COUNTY; USDC CIV-S-97-1309 MILS/PAN; 3. MOSLEY V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT NO. 135963; 4. JAMES WILSON AND DENNIS MORELAND V. COUNTY OF BUTTE, ET AL; BUTTE COUNTY SUPERIOR COURT CASE NO. 139259; 5. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9421 [CWA] V. COUNTY OF BUTTE (AUDITOR/CONTROLLER'S DEPARTMENT); PERB CASE NO. SA-CE- 463-M; 6. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9421 [CWA] V. COUNTY OF BUTTE (AUDITOR/CONTROLLER'S DEPARTMENT); GREIVANCE NO. 07-05-01; 7. MISTY GROSSE V. BUTTE COUNTY (AUDITOR/CONTROLLER'S DEPARTMENT); CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS ENFORCEMENT CASE NO. 15-19113; AND CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE SEC. 54956.8: PROPERTY: A.P. NO. 012-041-004; NEGOTIATING PARTIES: BRUCE ALPERT AND LESA FRANCO; NEGOTIATIONS: TERMS OF PURCHASE. RECONVENE: THE BOARD RECONVENED AT 11:50 A.M. FROM A CLOSED SESSION CONFERENCE WITH ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SHELTON V. BUTTE COUNTY; USDC CIV-S-97-1309 MILS/PAN; 3. MOSLEY V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT NO. 135963; 4. JAMES WILSON AND DENNIS MORELAND V. COUNTY OF BUTTE, ET AL; BUTTE COUNTY SUPERIOR COURT CASE NO. 139259; 5. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9421 [CWA] V. COUNTY OF BUTTE (AUDITOR/CONTROLLER'S DEPARTMENT); PERB CASE NO. SA-CE- 463-M; 6. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9421 [CWA] V. COUNTY OF BUTTE (AUDITOR/CONTROLLER'S DEPARTMENT); GREIVANCE NO. 07-05-01; 7. MISTY GROSSE V. BUTTE COUNTY (AUDITOR/CONTROLLER'S DEPARTMENT); CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS ENFORCEMENT CASE NO. 15-19113; AND CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE SEC. 54956.8: PROPERTY: A.P. NO. 012-041-004; NEGOTIATING PARTIES: BRUCE ALPERT AND LESA FRANCO; NEGOTIATIONS: TERMS OF PURCHASE. (NO ANNOUNCEMENTS) 0706-015 Public Discussion on the Auditor-Controller and Restructuring Options - during the 2005-2006 term of the Grand Jury, the Grand PacE 22 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 ury in erviewe an repor e on avi ouser, e u i or- Controller, and his staff regarding conduct and practices within the department. Out of that review came an extensive detailed report with numerous findings and recommendations. The first recommendation was for the Board to hold a public hearing to consider the restructuring of the Auditor-Controller's duties including the contemplation of a measure before the electorate to modify or abolish the office - action requested - ACCEPT REPORT OF BACKGROUND INFORMATION AND OPTIONS FROM THE CHIEF ADMINISTRATIVE OFFICER; SOLICIT INPUT FROM OTHER OFFICIALS, EMPLOYEES AND PUBLIC; AND PROVIDE STAFF DIRECTION. (Chief Administrative Office) (*2061) CHIEF ADMINISTRATIVE OFFICER, PAUL MCINTOSH, PROVIDED AN OVERVIEW OF THE AGENDA MATERIALS. HE INDICATED THAT THE ADMINISTRATIVE OFFICE IS NOT MAKING ANY SPECIFIC RECOMMENDATIONS AT THIS TIME. THE CAO PROVIDED A RANGE OF OPTIONS ON RESTRUCTURING THE AUDITOR-CONTROLLER OFFICE FOR THE BOARD TO REVIEW AS INSTRUCTED BY THE GRAND JURY. HE ANSWERED QUESTIONS FROM THE BOARD MEMBERS. (*2425)(*2638)(*2996) THE AUDITOR-CONTROLLER, DAVID HOUSE R, MADE A PRESENTATION TO THE BOARD. HE GAVE RESPONSES TO ITEMS IN THE GRAND JURY REPORT. HE MADE REFERENCE TO OPINIONS BY THE INDEPENDENT AUDITING FIRM, BARTIG, BASLER, AND RAY. HE STATED THAT THE OFFICE PROVIDES AN IMPORTANT CHECK AND BALANCE TO THE OPERATIONS OF GOVERNMENT. HE INDICATED THAT HE FEELS IT IS IN THE BEST INTEREST OF THE CITIZENS OF BUTTE COUNTY TO MAINTAIN THE ELECTED OFFICE OF THE AUDITOR-CONTROLLER. HE ANSWERED QUESTIONS FROM THE BOARD MEMBERS. (*3440) (*3630)(**00)(**190) MITCH CROOKS, A REPRESENTATIVE FROM THE COMMUNICATIONS WORKERS OF AMERICA LOCAL 9421 IN SACRAMENTO, CA MADE COMMENTS REGARDING WORKING WITH THE AUDITOR-CONTROLLER. HE STATED HE HAS HAD SOME INCREASED CONTACT IN THE LAST FEW YEARS DUE TO ISSUES RELATED TO THE MEMBERS OF THE UNION. HE GAVE EXAMPLES OF PROBLEMS THAT HE HAS HAD WITH THE AUDITOR'S OFFICE, INCLUDING CALCULATIONS OF CATASTROPHIC LEAVE DONATIONS AND COORDINATION OF BENEFITS UNDER THE COLLECTIVE BARGAINING AGREEMENT. (**246)(**433)(**555) KATHY MCINTYRE, AN EMPLOYEE WHO WORKS FOR THE AUDITOR-CONTROLLER AND OVERSEES THE PAYROLL DIVISION, RESPONDED TO CONCERNS BROUGHT UP BY MR. CROOKS. SHE INDICATES THAT SHE PROVIDED CWA WITH INFORMATION REGARDING CATASTROPHIC LEAVE. SHE STATED THAT THE AUDITOR- CONTROLLER WAS NOT GETTING THE DOCUMENTATION IT NEEDED TO TRANSFER THE CATASTROPHIC LEAVE FOR THE INDIVIDUAL THAT MR. CROOKS REFERENCED. (**819) RUDY JENKINS FROM BUTTE COUNTY EMPLOYEES ASSOCIATION, LOCAL ONE. HE STATED THAT HE WANTED TO ECHO THE COMMENTS MADE BY MITCH CROOKS. HE PacE 23 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 MIKE RAMSEY, DISTRICT ATTORNEY, STATED THAT THE AUDITOR CONTROLLER HAS A CONSERVATIVE VIEW ON HOW THE COUNTY'S MONEY SHOULD BE SPENT. HE FEELS AN ELECTED OFFICIAL IS NEEDED FOR CHECKS AND BALANCES WITHIN GOVERNMENT. HE SUGGESTED THAT A COMMITTEE BE FORMED TO LOOK AT THIS ISSUE MORE IN DEPTH.(**1037)(**1328) CANDACE GRUBBS, CLERK-RECORDER INDICATED THAT ANY CHANGE SHOULD BE TAKEN WITH EXTREME CONSIDERATION FOR WHAT IS BENEFICIAL FOR THE COUNTY BOTH NOW AND IN THE FUTURE. SHE SUPPORTS THE IDEA OF A COMMITTEE THAT INCLUDES TWO BOARD MEMBERS AND THE TREASURER TO LOOK FURTHER INTO THE ISSUE. (**1562) BOARD DIRECTION: LET THE CHAIR AND VICE CHAIR DISCUSS WITH CAO WHAT NEEDS TO HAPPEN FROM THIS POINT. THE DISCUSSION SHOULD INCLUDE A PLAN ON HOW CHANGES AND IMPROVEMENTS CAN BE IMPLEMENTED IN ORDER TO DETERMINE ACCOUNTABILITY. THE CAO INDICATED IMMEDIATE STEPS CAN BE MADE TO IMPLEMENT RECOMMENDATIONS OF BARTIG, BASLER, AND RAY REPORT AS MOST ARE NOT ORGANIZATIONAL ISSUES. THE BOARD DIRECTED THIS ITEM COME BACK BEFORE THE BOARD ON APRIL 24, 2007. (**2120) 0706-016 RECESS: THE BOARD RECESSED AT 1:21 P.M. TO CLOSED SESSION CONFERENCE WITH ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SHELTON V. BUTTE COUNTY; USDC CIV-S-97-1309 MILS/PAN; 3. MOSLEY V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT NO. 135963; 4. JAMES WILSON AND DENNIS MORELAND V. COUNTY OF BUTTE, ET AL; BUTTE COUNTY SUPERIOR COURT CASE NO. 139259; 5. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9421 [CWA] V. COUNTY OF BUTTE (AUDITOR/CONTROLLER'S DEPARTMENT); PERB CASE NO. SA-CE- 463-M; 6. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9421 [CWA] V. COUNTY OF BUTTE (AUDITOR/CONTROLLER'S DEPARTMENT); GREIVANCE NO. 07-05-01; 7. MISTY GROSSE V. BUTTE COUNTY (AUDITOR/CONTROLLER'S DEPARTMENT); CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS ENFORCEMENT CASE NO. 15-19113; AND CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE SEC. 54956.8: PROPERTY: A.P. NO. 012-041-004; NEGOTIATING PARTIES: BRUCE ALPERT AND LESA FRANCO; NEGOTIATIONS: TERMS OF PURCHASE. PacE 24 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 RECONVENE: THE BOARD RECONVENED AT P.M. FROM A CLOSED SESSION CONFERENCE WITH ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SHELTON V. BUTTE COUNTY; USDC CIV-S-97-1309 MILS/PAN; 3. MOSLEY V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT NO. 135963; 4. JAMES WILSON AND DENNIS MORELAND V. COUNTY OF BUTTE, ET AL; BUTTE COUNTY SUPERIOR COURT CASE NO. 139259; 5. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9421 [CWA] V. COUNTY OF BUTTE (AUDITOR/CONTROLLER'S DEPARTMENT); PERB CASE NO. SA-CE- 463-M; 6. COMMUNICATIONS WORKERS OF AMERICA, LOCAL 9421 [CWA] V. COUNTY OF BUTTE (AUDITOR/CONTROLLER'S DEPARTMENT); GREIVANCE NO. 07-05-01; 7. MISTY GROSSE V. BUTTE COUNTY (AUDITOR/CONTROLLER'S DEPARTMENT); CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, DIVISION OF LABOR STANDARDS ENFORCEMENT CASE NO. 15-19113; AND CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE SEC. 54956.8: PROPERTY: A.P. NO. 012-041-004; NEGOTIATING PARTIES: BRUCE ALPERT AND LESA FRANCO; NEGOTIATIONS: TERMS OF PURCHASE. (NO ANNOUNCEMENTS) REGULAR AGENDA 0706-017 Timed Item - Capital Improvement Program (CIP), Continued Work Session - the Board held a work session at the February 13, 2007 Board of Supervisors meeting. The session began with receipt of background information regarding the County's efforts to improve the process for capital improvement, major maintenance budgeting, and related long term financial planning. The information provided included a summary of input from County departments, facilities staff, outside experts, and the results of extensive needs, capacity, systems, feasibility and resource analysis. Staff was directed to follow up on several questions and provide additional information regarding capital projects proposed to start the first tier of the CIP - action requested - RESUME A WORK SESSION ON THE CIP; RECEIVE ADDITIONAL BACKGROUND INFORMATION; SOLICIT ADDITIONAL INPUT FROM THE PUBLIC AND COUNTY DEPARTMENTS; AND PROVIDE FEEDBACK TO ADMINISTRATION STAFF PRIOR TO PREPARATION OF A DRAFT CIP DOCUMENT. (Chief Administrative Office)(**2290) PRESENTATION BY GREG ITURRIA, DEPUTY ADMINISTRATIVE OFFICER REVIEWING THE STATUS OF THE CAPITAL IMPROVEMENT PLAN. HE INDICATED THAT STAFF IS LOOKING FOR GENERAL DIRECTION FROM THE BOARD THAT PacE 25 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 OF PROJECTS THAT ARE PROPOSED IN THE NEXT FIVE YEARS OF THE PLAN (TIER ONE). THE FIRST TIER IS THE NUMBER OF PROJECTS, THE TYPES OF PROJECTS, THE SCALE OF PROJECTS, AND HOW MUCH THE COUNTY IS TRYING TO ADDRESS. SUPERVISOR CONNELLY INDICATED THAT HE WANTS TO SPEAK TO DEPARTMENT HEADS AND OTHER STAFF BEFORE MAKING ANY RECOMMENDATIONS. CHAIR DOLAN MENTIONED THE NEED FOR BALANCE IN REGARDS TO FUNDS NEEDED TO PROVIDE SERVICE TO THE COMMUNITY AND FUNDS NEEDED FOR CAPITAL IMPROVEMENTS. SHE INDICATED THAT THE PLAN IS AMBITIOUS AND HOPES THAT THE COUNTY CAN STAY ON SCHEDULE WITH THE PLAN. SUPERVISOR JOSIASSEN INDICATED HIS MAIN CONCERN IS JUVENILE HALL. HE ALSO QUESTIONED WHY THE COURTHOUSE AND OTHER COUNTY BUILDINGS ON OLEANDER IN CHICO WERE NOT MENTIONED IN THE PLAN. THE BOARD DIRECTED THIS ITEM TO RETURN WITH THE BUDGET PROCESS. MR. ITURRIA INDICATED THAT STAFF STILL HAD TO PUT TOGETHER A COMPLETE DRAFT PROGRAM TO BE PRESENTED TO THE PLANNING COMMISSION FIRST TO VERIFY IT IS CONSISTENT WITH THE GENERAL PLAN. HE GUESSED HE COULD BRING THE ITEM BACK BEFORE THE BOARD IN JUNE. 0706-018 Items Removed from the Consent Agenda for Board Consideration and Action. 1. Palm 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 is requesting approval of the agreement in order to be reimbursed by the property owners of Lots 11 and 12 prior to the issuance of development permits - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. THIS ITEM WAS PULLED FROM THE CONSENT AGENDA FOR DISCUSSION. PacE 26 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 ET AND DISCUSS THEIR DIFFERENCES. THEY DIRECTED THE ITEM TO RETURN TO THE BOARD IN 4 WEEKS OR LATER AFTER THE PROPERTY OWNER AND CHIP REACH SOME SORT OF AN AGREEMENT OR COMPROMISE WHEN NECESSARY. 2. Four County Memordandum of Understanding (MOU) - in August 2004, the Board authorized the County of Butte to participate with Glenn, Tehama, and Colusa Counties in the collaborative development of a regional water planning process associated with groundwater related activities. At their March 6, 2007 meeting, the Butte County Water Commission voted to recommend the Board of Supervisors approve Addendum One to the Four County MOU which further details how the counties will work together on water resource projects, specifically the exchange of data and monitoring results; any incidents of abnormal water levels; and the acquisition of grant funding - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. THIS ITEM WAS PULLED BY FROM THE CONSENT AGENDA BY SUPERVISOR CONNELLY FOR DISCUSSION. SUPERVISOR CONNELLY INDICATED THAT HE PULLED THIS TO HIGHLIGHT THAT THIS IS AN IMPORTANT ISSUE TO UNDERSTAND THE RESOURCE OF GROUNDWATER AND PROTECT IT. MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Motion Carried Unanimously) 0706-019 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. MOTION: VOTE: PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, SUBMITTED A REQUEST FOR ACTION FROM THE CALIFORNIA STATE ASSOCIATION OF COUNTIES AND REGIONAL COUNCIL OF RURAL COUNTIES REGARDING FUNDING IN LIEU OF FEES PROGRAM ON FISH AND GAME. HE REPORTED THAT THE STATE HAS CONSISTENTLY SHORT FUNDED THE PROGRAM OVER THE LAST 5 YEARS WHICH TOTALS ABOUT $400,000 IN FUNDS TO BUTTE COUNTY. HE REQUESTED THE BOARD APPROVE A LETTER OF SUPPORT FOR FULL FUNDING OF THIS PROGRAM. I MOVE TO APPROVE 2 M 1 Y 2 Y 3 Y 4 Y 5 LETTERS OF SUPPORT TO APPROPRIATE OFFICIALS Y (Motion Carried Unanimously) PAGE 27 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 6. THE BILL WOULD PROVIDE THAT DEPARTMENT OF FORESTRY AND FIRE PROTECTION (CALFIRE) SHALL STAFF A STATE OWNED FIRE APPARATUS WHEN OPERATED BY A STATE EMPLOYEE WITH A MINIMUM OF THREE PERSONNEL. HE WANTED TO BRING THE BILL TO THE BOARD'S ATTENTION. 0706-020 Update of General Plan 2030 Process by Director-Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED UPDATE NUMBER 8 OF THE GENERAL PLAN 2030. HE REPORTED ON A CALENDAR THAT HAD BEEN ESTABLISHED ON BUTTECALENDAR.NET WHICH IS A WEBSITE THAT A COLLABORATION OF ALL THE CITIES, PLANNING DEPARTMENT, BCAG, LAFCO AND BUTTE COUNTY WHERE ALL PLANNING RELATED MEETING ARE POSTED. HE PRESENTED THE BOARD WITH T-SHIRTS THAT HAVE THE GENERAL PLAN 2030 MEETING CALENDAR ON IT. PUBLIC COM[IENT 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. (NONE) ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 3:40 p.m., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, APRIL PacE 28 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 27, 2007 JANE DOLAN, CHAIR ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board PacE 29 MARCH 27, 2007 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MARCH 27, 2007 PacE 30 MARCH 27, 2007 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 ofthe 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 ConsentAgenda, stand and approach the podium and requestthe 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, bylaw, 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