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HomeMy WebLinkAboutM041310BUTTE COUNTY BOARD OF SUPERVISORS MINUTES APRIL 13, 2010 :~, ~~e~\~11I I lll~l//i~ ~. ::~` ~.. ~~:.- r-_~ ~~ ~ ~ ;~ . - . County Supervisors ..,~ ~- Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Steve Lambert, District 4 Kim Yamaguchi, District 5 Scott Tandy, Interim Chief Administrative Officer and Clerk of the Board Bruce Alpert, County Counsel BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 Called to order at 9:04 a.m. in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly. Also present: Scott Tandy, Interim Chief Administrative Officer; Bruce Alpert, County Counsel; and Kathleen Moghannam, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. CORRECTIONS AND~OR CHANGES TO THE AGENDA. (NO ne) CONSENT AGENDA 1010-001 1. Northern valley Catholic Social Services (NVCSS) - amendment - approval is requested for an amendment to the agreement with NVCSS for the provision of a Master Lease Program. The goal of the program is to expand housing options for adults enrolled in the Full Service Partnership Program. The amendment increases the maximum amount payable to $243,244.06. This is an increase of $51,610 (department budget utilizing MHSA funds)- action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Behavioral Health) 2. Esplanade Enterprises, Inc. dba Merit Medi-Trans, Inc. - amendment - approval is requested for an amendment to the agreement with Esplanade Enterprises, Inc. for the provision of emergent and non-emergent client transportation services. The amendment increases the maximum amount payable to $180,000. This is an increase of $76,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) PAGE 1 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 3. Gridley Guardians - approval is requested for a revenue agreement with the Gridley Guardians to support a component of the Butte Youth Now Coalition Drug Free Communities (DFC) work plan. The Gridley Guardians is contributing $2,000 to help defray costs of a two-day training for a trainer and content expert in the field of alcohol and drug prevention among student athletes - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required). (Behavioral Health) 4. Enloe Medical Center - approval is requested for a Facility Designation Agreement with Enloe Medical Center to designate the facility as an Evaluation and Treatment Facility for the provision of mental health services in accordance with the Lanterman-Petris-Short Act (LPS Act). The term of the agreement is April 13, 2010 through June 30, 2011 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER. (Behavioral Health) 5. Budget Adjustment and Fixed Asset Purchase - approval is requested to purchase a server for $24,000 and five network switches for $27,800 to upgrade the network infrastructure throughout the department. These purchases will be funded with MHSA funds - action requested - APPROVE BUDGET ADJUSTMENT; AND APPROVE FIXED ASSET PURCHASES AS DETAILED IN THE AGENDA REPORT. (Behavioral Health) 6. Behavioral Health Board - action requested - APPOINT PATRICIA CRAGAR AND CYNTHIA HARVEY AS COMMUNITY MEMBERS AND WILLIAM DICKISON AS A YOUTH MEMBER. (TERMS TO END DECEMBER 31, 2012)(Behavioral Health) PAGE 2 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 7. California Statewide Automated Welfare SystemConsortium IV C-IV) and Memorandum of Understanding with Consortium - approval is requested for a Joint Exercise of Powers Agreement (JPA) for the California Statewide Automated Welfare System C-IV and a related Memorandum of Understanding (MOU) Butte County is one of thirty-five counties that have shared use of the Interim Statewide Automated Welfare System (ISAWS) since 1994. AB 444, which was adopted on September 28, 2002, established legislative intent for ISAWS counties to migrate to another project system. The major objective of the Consortium is to ensure the automated system provides timely, accurate, and cost effective services - action requested - APPROVE THE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) 8. Accept Unanticipated Revenue for the In-Home Supportive Services (IHSS) Case Management Information and Payroll System II Project (CMIPS II) - approval is requested to accept $19,655 in unanticipated revenue for the new IHSS CMIPS II project being implemented statewide. These funds will support one position of Program Manager to manage the project in Butte County - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). 9. California Department of Forestry and Fire Protection (CAL FIRE - approval is requested for an agreement with CAL FIRE for the provision of fire protection for the unincorporated area of Butte County. The term of the agreement is July 1, 2009 through June 30, 2010 with a maximum amount payable of $10,786,577 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11590)(Resolution No. 10-053)(Fire) 10. Resolutions Honoring Butte County Employees for Dedicated Years of Service - presentation of awards to Butte County employees. Richard Brazil and Stuart Edell each have thirty- five years of service. Janice Sylva, Vicki Catomerisios, and Diana Shuey each have thirty years of service to Butte County - action requested - ADOPT FIVE (5) RESOLUTIONS (Nos. 10-054 [a-e]) AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) PacE 3 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 11. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: HUMAN RESOURCES - requests to change the salary for the classification of Medical Director (Class Code 4116) from a flat rate of $211,584 to a salary range of $211,584 to $259,000. After a failed recruitment it was determined that a salary range would provide greater flexibility in hiring and give the County a competitive advantage in attracting qualified applicants. The department estimates that approximately 700 of the salary cost will be offset by increased revenue. EMPLOYMENT AND SOCIAL SERVICES - requests to add one (1) sunset position (ending January 31, 2012) of Program Manager, Employment and Social Services to oversee the preparation, implementation, and post implementation activities of the new Case Management Information and Payroll System (CMIPS II). This change will increase the total allocations in the department from 560.4 to 561.4 - action requested - ADOPT RESOLUTION NO. 10-055 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 12. Budget Adjustment and Fixed Asset Purchase - approval is requested for fixed asset purchases of enterprise-wide hardware and software platforms for a total cost of $296, 700. These purchases are needed to replace aging system components. The upgrade will be funded from the Internal Services Funds Equipment Replacement Fund - action requested - APPROVE BUDGET ADJUSTMENT; AND APPROVE FIXED ASSET PURCHASES AS DETAILED IN THE AGENDA REPORT. (Information Systems) 13. Library Donations - The Library has received the following donations for books: $600 from Oroville Friends of the Library; $190 from Ruthmarie Ferris; $200 from Mooretown Rancheria; $180 from Chico Friends of the Library; $100 from Sigma Phi Gamma; $1, 200 from Paradise Friends of the Library; $200 from an anonymous source honoring Betty Forbes; $309.55 from an anonymous source; and $10,000 from Sierra Nevada Brewery - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. (Library) PacE 4 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 14. California Department of Public Health (CDPH) - approval is requested for a revenue agreement with CDPH for specific activities intended to raise the immunization levels of infants, preschool age and school age children against preventable diseases. The term of the agreement is January 1, 2010 through December 31, 2010 with a maximum amount receivable of $67,683 (department budget) - action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Health) 15. Butte County Public Guardian - approval is requested for an agreement with the Public Guardian for the provision of Targeted Case Management (TCM) services in Butte County. The objectives of TCM are to assist eligible individuals in gaining access to needed medical, social, educational, and related services. The term of the agreement is July 1, 2009 through June 30, 2010 with a maximum amount payable of $286,579 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required). (Public Health) 16. Half a Bubble Out Advertising - approval is requested for an agreement with Half a Bubble Out Advertising for developing medical/health (specifically influenza related) media campaigns. The term of the agreement is April 1, 2010 through July 20, 2010 with a maximum amount payable of $60,000 (department budget utilizing grant funds) - action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Public Health) 17. Adoption of an Ordinance Amending Butte County Code, Chapter 31, "Solid Waste Collection, Management and Recycling" - consideration of an ordinance which will update Butte County Code to be in compliance with existing state law. There have been significant changes in the field of solid waste and management and recycling over the last several years. The proposed ordinance reflects those changes including: updating recycling requirements for construction and demolition and updating standard terminology that is currently used in solid waste management ordinances throughout the State - action requested - ADOPT ORDINANCE NO. 4019 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-30-10 [Item 4.07])(Public Works) PAGE 5 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 18. Mutual Aid Agreement - During a declared disaster event, Public Works agencies across the state call upon each other for assistance. The Public Works Mutual Aid Agreement (PWMAA) was created in 1989 to organize the disaster assistance - action requested - APPROVE PUBLIC WORKS MUTUAL AID AGREEMENT (PWMAA) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL; AND DESIGNATE THE PUBLIC WORKS DIRECTOR AS THE PWMAA COORDINATOR. (Public Works) 19. Budget Adjustment and Appropriation Designation within County Service Area (CSA) 82, Stirling City Sewer - CSA 82 currently owes $3,707 to the CSA Revolving Loan Fund. Additionally, there is a deficit in the current year fund balance available that needs to be corrected prior to the fiscal year end. The designated fund balance within CSA 82 is sufficient and available to cover both paying off the current loan balance to the CSA Revolving Loan Fund and to cover the fund balance deficit - action requested - APPROVE BUDGET ADJUSTMENT AUTHORIZING THE USE OF DESIGNATIONS TO ELIMINATE THE DEFICIT IN CURRENT YEAR FUND BALANCE AND TO INCREASE APPROPRIATION TO PAY OFF THE CURRENT LOAN BALANCE (4/5 vote required). (Public Works) 20. Domenic's Septic Service - amendment - approval is requested for an amendment to this agreement for the provision of pumping out two septic tanks at the Neal Road Recycling and Waste Facility. The amendment extends the term of the agreement through October 31, 2010. No additional funding is needed - action requested - APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16046)(Public Works) 21. Authorization to Advertise for Bids - Golder Associates, Inc. is preparing construction plans and documents for Module 4, Phase D of the Neal Road Recycling and Waste Facility to expand the capacity to receive additional waste when the current capacity in this module is reached sometime in late 2010 or early 2011. The Department is requesting approval to advertise for the construction of a base liner in Module 4, Phase D. The project is included in the department budget - action requested - AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.(Public Works) PAGE 6 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 22. URS Corporation - amendment - approval is requested for an amendment to the agreement with URS Corporation to allow for the abandonment of monitoring well MW-1 at the Neal Road Recycling and Waste Facility. The amendment increases the maximum amount payable to $220,087. This is an increase of $8,760 (funded by savings in the current budget) - action requested - APPROVE AMENDMENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X18048)(Public Works) 23. Accept Unanticipated Revenue - Federal Meth Overtime Grant - approval is requested to accept and appropriate $1,156.82 in unanticipated revenue from the Redding Police Department. The Butte County Sheriff's Office California Multi- Jurisdictional Methamphetamine officer participated in a Federal Meth Overtime Grant administered by the Redding Police Department - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. (Sheriff-Coroner) 24. Accept Unanticipated Revenue - California Multi- Jurisdictional Methamphetamine Enforcement Team (CAL- MMET) Grant - approval is requested to accept and appropriate $116,095 in unanticipated revenue from the Shasta County Sheriff's Office for CAL-MMET. A full-time Sheriff's Sergeant sunset position is assigned to this multi-agency program - APPROVE BUDGET ADJUSTMENT (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. (Sheriff-Coroner) 25. Department of Justice and the United States Department of the Treasury - amendment - The Butte County Sheriff's Office participates in the Federal Equitable Sharing Program. Proceeds from the sale of assets seized during drug-sale arrests are shared by various law enforcement agencies. Federal asset forfeiture law requires agencies to amend the previously submitted annual certification report when the Head of the Agency changes - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR CONTROLLER; AUTHORIZE SHERIFF TO SIGN AND RE-SUBMIT THE AGREEMENT TO THE DEPARTMENT OF JUSTICE AND THE UNITED STATES DEPARTMENT OF THE TREASURY. (Sheriff-Coroner) PAGE 7 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MOTION: VOTE MINUTES -APRIL 13 , 2010 26. Motorola Incorporated - approval is requested for a three year maintenance agreement with Motorola for the provision of the electronic system of inmate tracking through use of inmate biographical data, charges, disposition, housing and issuance of identification cards. The term of the agreement is April 1, 2010 through March 31, 2013 with a maximum amount payable of $100,149 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff-Coroner) 27. Annual Certification of Compliance with Continuing Disclosure Recruirements for Debt Issuance - submitted for Board review are the Continuing Disclosure filings for Fiscal Year 2009/2010. The disclosure includes information on budgets, annual audited financials, and certain statistical and demographic information pertaining to Butte County - action requested - ACCEPT FOR INFORMATION. (Treasurer) 28. Resolution Adopting the 2010 Butte County Basin Management Objectives (BMOs) - consideration of a resolution adopting the 2010 Butte County BMOs - ADOPT RESOLUTION NO. 10-056 AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) 29. Recruest from the Cohasset Community Association for a Fee Waiver/Refund for Demolition Permit Fee - consideration of a request from the Cohasset Community Association for a waiver/refund of the $191 permit fee paid to Development Services for the demolition of the Fire Hall at 21 Cohasset Road, APN 056-110-062. The Cohasset Community Association is a non-profit organization - action requested - APPROVE REQUEST FOR FEE WAIVER, INCLUDING ANY RELATED REFUND FEES. (Development Services) I MOVE TO APPROVE THE CONSENT AGENDA. M 2 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA. CHARLIE WILSON, THE ASSISTANT DIRECTOR OF HUMAN RESOURCES, PRESENTED LONG TERM EMPLOYEE RESOLUTIONS TO RICHARD BRAZIL, STUART EDELL, JANICE SYLVA, VICKI CATOMERISIOS, AND DIANA SHUEY. PAGE 8 APRII.13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 RECESS: RECONVENE: 1010-002 1010-003 REGULAR AGENDA 9:20 A.M. 9:31 A.M. Boards, Commissions and Committees. 1. Appointments to Listed Vacancies. (None) SUPERVISOR KIRK REPORTED THAT MARTI LEICESTER HAS RESIGNED FROM THE FISH AND GAME COMMISSION DUE TO OTHER COMMITMENTS. A NEW APPOINTEE FILLING HER TERM WILL BE MADE AT A FUTURE BOARD MEETING. CHAIR CONNELLY REPORTED THAT ROBERT HEWITT RESIGNED FROM THE PRIVATE INDUSTRY COUNCIL. 2. Board Member or Committee Reports SUPERVISOR YAMAGUCHI REPORTED ON THE LOCAL EMERGENCY MEDICAL SERVICES AGENCY (LEMSA). Update on Current Budget and Legislative Issues by the Chief Administrative Officer. SCOTT TANDY, INTERIM CHIEF ADMINISTRATIVE OFFICER REPORTED THAT SENATOR FEINSTEIN POSTED HER PRIORITIES FOR FISCAL YEAR 2011 AND BUTTE COUNTY WILL RECEIVE A $500,000 APPROPRIATION FOR THE BUTTE COUNTY DRUG ENDANGERED CHILDREN PROGRAM. HE PROVIDE UPDATED REGARDING THE STATE BUDGET. PUBLIC HEARINGS AND TIMED ITEMS 1010-004 Timed Item - Presentation on the Butte County Business Incubator Program - action requested - ACCEPT FOR INFORMATION. (Chief Administrative Office) PRESENTATION BY JENNIFER MACARTHY, PROGRAM DEVELOPMENT MANAGER AND RYNE JOHNSON OF THE BUTTE COUNTY BUSINESS INCUBATOR PROGRAM. PAGE 9 APRII.13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 1010-005 Update of General Plan 2030 Process by Director-Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED AN UPDATE TO THE BOARD. 1010-006 Update Regarding Upcoming Butte County Code Amendments by Director-Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED AN UPDATE TO THE BOARD. RECESS: 10:27 A.M. RECONVENE: 10:45 A.M. CHAIR CONNELLY RECUSED HIMSELF FROM THE FOLLOWING TWO ITEMS [MINUTE ORDER NUMBERS 1010-007 (1) AND 1010-007 (2)] AS HE RESIDES CLOSE TO ONE OF THE PROJECT LOCATIONS. HE LEFT THE BOARD CHAMBERS DURING THE DISCUSSION AND VOTE. VICE CHAIR LAMBERT FACILITATED THE DISCUSSION ON THESE ITEMS. 1010-007 THE FOLLOWING TWO ITEMS WERE HEARD CONCURRENTLY: 1. Safe Routes to School Improvements on Lower Wyandotte Road from Monte Vista Avenue to Golden Hills Drive, County Project Number 23513-2006-1 - The Department of Public Works requests project approval to construct curb, gutter, sidewalk, tie-in pavement, and asphalt concrete overlay at the Monte Vista Avenue/Lower Wyandotte Road intersection and along the west side of Lower Wyandotte Road from Monte Vista Avenue south to Golden Hills Drive. This project is funded by the State of California Cycle 7 Safe Routes to School (SR2S) The Engineer's Estimate for the project is approximately $686,000. Approximately $386,000 of this amount is reimbursable through the State. The County will also utilize $127,388 received in 2004 through an Indian Gaming Local Community Benefit Committee Grant - actions requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND DIRECTOR TO SIGN PLANS. (Public Works) MOTION: I MOVE TO APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND DIRECTOR TO SIGN PLANS. M 2 VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY; CHAIR CONNELLY WAS NOT PRESENT AS HE RECUSED HIMSELF) PAGE to APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 2. Safe Routes to School Improvements on Monte Vista Avenue, County Project Number 23521-2007 - The Department of Public Works requests project approval to construct curb, gutter, sidewalk and tie-in pavement on the south side of Monte Vista Avenue from the west side of Autrey Lane to approximately 1,300 feet east towards Lower Wyandotte Road. Improvements also include installation of pedestrian ramps at Autrey Lane. This project is funded by the State of California Cycle 7 Safe Routes to School (SR2S). The Engineer's Estimate for the project is approximately $365,000. Approximately $291,000 of this amount is reimbursable through the federally-funded Cycle 1 Safe Routed to Schools (SRTS) Program - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND DIRECTOR TO SIGN PLANS. (Public Works) MOTION: I MOVE TO APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND DIRECTOR TO SIGN PLANS. M 2 VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY; CHAIR CONNELLY WAS NOT PRESENT RECUSED HIMSELF) 1010-008 A Matter on Which a Public Hearing Has Been Held and Closed - Adoption of an Ordinance Amending Section 3-164 of Chapter 3 of the Butte County Code - consideration of an ordinance which will adjust the North Chico Specific Plan Fees contained in Butte County Code Chapter 3, Section 3-164 based upon changes in the Engineering News Record Construction Cost Index for San Francisco. Staff recommends adjustment of fees in accordance with the index decrease of 0.610 between December 2008 and December 2009. Adjustment of these fees was initially discussed at the March 16, 2010 Board of Supervisors meeting - action requested - ADOPT THE ORDINANCE NO. 4020 AND AUTHORIZE THE CHAIR TO SIGN. (From 3-16-10 [Item 5.01-B])(Public Works) PRESENTATION BY STU EDELL, DEPUTY DIRECTOR OF PUBLIC WORKS. MOTION: I MOVE TO ADOPT THE ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PAGE ll APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 1010-009 Addendum to Four County Memorandum of Understanding (MOU) - approval is requested for Addendum Four to the Four County MOU which authorized County of Butte to participate with Colusa, Glenn, and Tehama Counties (and subsequently Sutter County) in the collaborative development of a regional water planning process associated with groundwater related activities. At their April 7, 2010 meeting, the Butte County Water Commission voted unanimously to recommend approval of this addendum which will add Shasta County and rename the planning effort from Four County MOU to the Northern Sacramento Valley Integrated Regional Water Management Planning Group - action requested - APPROVE ADDENDUM FOUR AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE STAFF TO WORK IN COOPERATION WITH THE OTHER COUNTIES TO SECURE FUNDING FOR THE INTEGRATED REGIONAL WATER MANAGEMENT PLANNING EFFORT. (Water and Resource Conservation) PRESENTATION BY PAUL GOSSLEIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION AND VICKI NEWLIN, ASSISTANT DIRECTOR. (1:23:42) MOTION: I MOVE TO APPROVE ADDENDUM FOUR AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE STAFF TO WORK IN COOPERATION WITH THE OTHER COUNTIES TO SECURE FUNDING FOR THE INTEGRATED REGIONAL WATER MANAGEMENT PLANNING EFFORT. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1010-010 A Matter on Which a Public Hearing Has Been Held and a Motion of Intent Adopted - Appeal of Planning Commission's Condition of Approval for Use Permit UP07-0007 - On October 27, 2009 the Board of Supervisors considered the appeal of Michael and Scott Dillingham regarding the Planning Commission's Condition of Approval #20. The Board approved a motion of intent to grant the appeal and modify Condition #20 by removing the requirement to construct curb, gutter, and sidewalk along the Railroad Avenue frontage of the project. The project is located 0.14-mile east of the Railroad Avenue and Kusel Avenue intersection in Oroville - action requested - ADOPT RESOLUTION NO. 10-057, MAKING FINDINGS AS DETAILED IN THE AGENDA REPORT AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) PRESENTATION BY CHUCK THISTLETHWAITE, PLANNING MANAGER. MOTION: I MOVE TO ADOPT RESOLUTION, MAKING FINDINGS AS DETAILED IN THE AGENDA REPORT AND AUTHORIZE THE CHAIR TO SIGN. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PAGE 12 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 1010-011 Public Comment Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. WILLIAM J. FAIRSE ADDRESSED THE BOARD. Items Removed from the Consent Agenda for Board Consideration and Action. (NONE) 1010-012 CLOSED SESSION THE BOARD RECESSED AT 11:44 A.M. TO CLOSED SESSION REGARDING: PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER; DIRECTOR OF BEHAVIORAL HEALTH; AND DIRECTOR OF HUMAN RESOURCES. ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) THREE CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. L.P. V. BUTTE COUNTY; BUTTE COUNTY SUPERIOR COURT CASE NO. 141988; 3. DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET AL; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532. INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC.54956 (c) 1 POTENTIAL CASE CONFERENCES WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: 107 PARMAC, SUITES 1,2,3, &4, CHICO, CA AGENCY NEGOTIATOR: GRANT HUNSICKER NEGOTIATING PARTY: JEFF DUFOUR NEGOTIATIONS: STATUS & DIRECTION ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) ALPERN V. COUNTY OF BUTTE, CASE NO. USDC 09-1500. PacE 13 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 THE BOARD RECONVENED AT 1:16 P.M. FROM CLOSED SESSION REGARDING: PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER; DIRECTOR OF BEHAVIORAL HEALTH; AND DIRECTOR OF HUMAN RESOURCES. ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) THREE CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. L.P. V. BUTTE COUNTY; BUTTE COUNTY SUPERIOR COURT CASE NO. 141988; 3. DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET AL; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532. INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC.54956 (c) 1 POTENTIAL CASE CONFERENCES WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: 107 PARMAC, SUITES 1,2,3, &4, CHICO, CA AGENCY NEGOTIATOR: GRANT HUNSICKER NEGOTIATING PARTY: JEFF DUFOUR NEGOTIATIONS: STATUS & DIRECTION ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) ALPERN V. COUNTY OF BUTTE, CASE NO. USDC 09-1500. 1010-013 Timed Item - General Plan 2030 Designations for Several Parcels Located on Centerville Road in the Butte Creek Canyon Area ("Centerville Road Parcels") -The Board of Supervisors directed the Department of Development Services staff to schedule this item for April 13, 2010 due to public input concerning the Board's decision to change the General Plan 2030 land use designation in the Butte Creek Canyon area - action requested - RECEIVE PUBLIC COMMENTS CONCERNING THE GENERAL PLAN 2030 DESIGNATION PROPOSED FOR THE CENTERVILLE ROAD PARCELS AND PROVIDE DIRECTION TO STAFF. (Department of Development Services) PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND DAN BREEDON, PRINCIPAL PLANNER. SUPERVISOR YAMAGUCHI DISCLOSED THAT HE HAD MET WITH MEMBERS OF THE BUTTE CREEK COALITION. PacE 14 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: DAN ALLEN, JIM MANN, BOB JAMES, ALLEN HAWTHORNS, RICK WHITSELL, SAM YNEZ (1:23:59), JEFF RICKER, PAMELA POSEY, CHAD ALEXANDER, KATY SIMMONS, DAN OSTRANDER, CAROL SARAH, DEBRA LUCERO, MARK LIGHTCAP, JOHN CAMPBELL, VANESSA CHURCH, MATT SMITH, KELLY MEAGHER, TRACY CROWS, GORDIE OHLIGER, ELIZABETH DEVEREAUX, TONY CIMINO, CAROLYN BURKETT, CHRIS PALMERINI, C.J. CASEY, GREG VAGAIN, AMY HASSELL (2:09:13), DON BRAVO, MICHELLE CANNON, AND PATTY KRAUSE. (2:20:22) MOTION: I MOVE TO CHANGE THE DESIGNATION OF ALL "CENTERVILLE ROAD PARCELS" AS DETAILED IN THE AGENDA REPORT FROM FOOTHILL RESIDENTIAL (FR) DESIGNATION TO AGRICULTURAL (AG) DESIGNATION. (THE APNS FOR THESE PARCELS ARE: 017-090-140, 017-090-120, 017-090-138, 017-090-139, 017-090-137, 017-090-122, 017-110-052, 017-110-055, 017-110-004, 017-110-024, 017-110-054, 017-100-082, 017-100-076, 017-100-075, 017-100-074, 017-100-073, 017-100-065, 017-100-019, 017-100-083) 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1010-014 CLOSED SESSION THE BOARD RECESSED AT 3:55 P.M. TO CLOSED SESSION REGARDING: PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER; DIRECTOR OF BEHAVIORAL HEALTH; AND DIRECTOR OF HUMAN RESOURCES. ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) THREE CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. L.P. V. BUTTE COUNTY; BUTTE COUNTY SUPERIOR COURT CASE NO. 141988; 3. DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET AL; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532. INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC.54956 (c) 1 POTENTIAL CASE CONFERENCES WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: 107 PARMAC, SUITES 1,2,3, &4, CHICO, CA AGENCY NEGOTIATOR: GRANT HUNSICKER NEGOTIATING PARTY: JEFF DUFOUR NEGOTIATIONS: STATUS & DIRECTION ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) ALPERN V. COUNTY OF BUTTE, CASE NO. USDC 09-1500. PAGE 15 APRIL 13, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 13 , 2010 THE BOARD RECONVENED AT 4:20 P.M. FROM CLOSED SESSION REGARDING: PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER; DIRECTOR OF BEHAVIORAL HEALTH; AND DIRECTOR OF HUMAN RESOURCES. ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) THREE CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. L.P. V. BUTTE COUNTY; BUTTE COUNTY SUPERIOR COURT CASE NO. 141988; 3. DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET AL; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532. INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC.54956 (c) ONE POTENTIAL CASE CONFERENCES WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: 107 PARMAC, SUITES 1, 2, 3, & 4, CHICO, CA AGENCY NEGOTIATOR: GRANT HUNSICKER NEGOTIATING PARTY: JEFF DUFOUR NEGOTIATIONS: STATUS & DIRECTION ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) ALPERN V. COUNTY OF BUTTE, CASE NO. USDC 09-1500. (No Announcements) ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT APPROXIMATELY 4:20 P.M., TO RECONVENE AT A SPECIAL MEETING OF THE BOARD TO BE HELD TUESDAY, APRIL 20, 2010 AT 9:00 A.M. BILL CONNELLY, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Scott Tandy, Interim Chief Administrative Officer and Clerk of the Board By: PAGE 16 APRIL 13, 2010