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BCBS
UTTEOUNTYOARD OF UPERVISORS
M
INUTES
A21,2009
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Gregory G. Iturria, Interim Chief Bruce Alpert, County Counsel
Administrative Officer and
Clerk of the Board
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Called to order at 9:03 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: Gregory G. Iturria, 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.
/CA.
C
(None)
ORRECTIONS ANDORHANGES TO THE GENDA
CA
ONSENTGENDA
0910-0011.Resolution Recognizing Ken Reimers Upon His Retirement from
Butte County - action requested - ADOPT RESOLUTION 09-058 AND
AUTHORIZE THE CHAIR TO SIGN. (Assessor)
2.Cherokee Restoration Fellowship - amendment - approval is
requested for an amendment to the agreement with the Cherokee
Restoration Fellowship for long-term residential services for
men participating in an alcohol and drug recovery program.
The amendment extends the number of alcohol and drug free
housing days and increases the maximum amount payable by
$1,931.08 (department budget) - action requested - APPROVE
THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X17292)(Behavioral Health)
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3.7 Avenue Center - amendment - approval is requested for an
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amendment to the agreement with the 7 Avenue Center which
provides beds and services to Behavioral Health clients who
are in need of 24–hour skilled nursing services. The
amendment decreases the maximum amount payable by $53,935 -
action requested - APPROVE THE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X17236)(Behavioral Health)
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4.Kindred Healthcare, dba Medical Hill Rehab Center, LLC -
amendment - approval is requested for an amendment to the
agreement with Kindred Health Care, a skilled nursing
facility which serves chronic mentally disordered patients.
The amendment decreases the maximum amount payable by $10,650
- action requested - APPROVE THE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X17234)(Behavioral Health)
5.Mental Health Services Act (MHSA) 2009/2010 Plan Update -
submitted is the 2009/2010 Community Services and Supports
Plan and the Mental Health Services Act Overview and Update
which provides a comprehensive update on the MHSA program -
action requested - ACCEPT FOR INFORMATION. (Behavioral
Health)
6.Resolution Recognizing the Centennial Celebration and
Cornerstone Rededication of the Oroville Masonic Lodge
103 - action requested - ADOPT RESOLUTION 09-059 AND
AUTHORIZE THE CHAIR TO SIGN. (Supervisor Connelly)(Board of
Supervisors)
7.Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 10, 2009 AND MARCH 24, 2009. (Chief Administrative
Office)
8.Board Meeting Calendar Amendment - approval is requested to
schedule a special Board of Supervisors meeting on Monday,
May 18, 2009 at 9:00 a.m. to commence budget hearings on the
Butte County Fiscal Year 2009/2010 final budget. Pursuant
to Government Code 29081, these hearings can continue for up
to ten (10) calendar days if needed - action requested - SET
SPECIAL BOARD OF SUPERVISORS MEETING FOR MONDAY, MAY 18, 2009
AT 9:00 A.M. (Chief Administrative Office)
9.Library Funding Request - Due to the current financial
situation, library hours have been reduced, and further
reductions will be considered during budget hearings.
Because the Butte County libraries serve residents of both
the unincorporated and incorporated areas of the County,
authorization is requested to send a letter to each city/town
council requesting that each jurisdiction either continue or
begin to provide funding for their local library branch -
action requested - AUTHORIZE CHAIR TO SEND LETTER TO EACH
CITY AND TOWN COUNCIL. (Chief Administrative Office)
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10.Shaw Valenza LLP - amendment - approval is requested for an
amendment to the agreement with Shaw Valenza LLP for the
provision of attorney services. The amendment extends the
term of the agreement through September 11, 2010 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (County Counsel)
11.Northern Valley Catholic Social Services (NVCSS) - amendment
- approval is requested for an amendment to the agreement
with NVCSS for Cal Learn Program case management services.
The amendment increases the maximum amount payable by
$20,000 (department budget) - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X16785)(Employment and Social Services)
12.Joe M. Azevedo, Ph.D. - amendment - approval is requested for
an amendment to the agreement with Joe M. Azevedo, Ph.D. for
the provision of learning disability evaluations for CalWORKs
Clients. The amendment increases the maximum amount payable
by $15,000 (department budget)- action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Employment and Social Services)
13.Budget Transfers for Fiscal Year 2008/2009 Maintenance
Projects - approval is requested for various budget
adjustments to project funding as detailed in the agenda
report. The recommended adjustments will transfer funding
from projects that are completed or are recommended to be
abandoned/postponed to those projects that can reasonably be
accomplished and are the highest priority to Facilities
Services - action requested - DIRECT THE AUDITOR-CONTROLLER
TO MAKE THE BUDGET ADJUSTMENTS TO MAJOR MAINTENANCE ACCOUNTS
AT THE DEPARTMENT LEVEL; AND TO MAKE CORRESPONDING
ADJUSTMENTS IN THE FACILITIES SERVICES BUDGET AND AT THE
PROJECT LEVEL TO BALANCE. (General Services)
14.Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: PUBLIC WORKS - requests to transfer one position
of Office Specialist, Senior/Office Specialist/Office
Assistant from budget unit 440-004 to budget unit 533. This
transfer is requested to align the Department’s position
allocations with current workload demands and will increase
the total allocated positions in budget unit 533 from 106.75
to 107.75 and decrease the total allocation in budget unit
440-004 from 6 to 5 - action requested - ADOPT RESOLUTION 09-
060 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
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15.State of California Department of General Services (DGS) -
approval is requested for a lease agreement with DGS. The
State leases space from Butte County Communications in the
Radio Vault at the Chico Sheriff Sub-station. The term of
the agreement is February 1, 2009 through January 31, 2019
with an annual lease payment to Butte County of $1,200 -
action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Information Systems)
16.Resolution Authorizing the Public Health Officer to Appoint
a Deputy Public Health Officer - consideration of a
resolution which authorizes the Public Health Officer to
appoint a Deputy Public Health Officer to serve on an interim
basis during extended absences, such as vacation - action
requested - ADOPT RESOLUTION 09-061 AND AUTHORIZE THE CHAIR
TO SIGN. (Public Health)
17.Resolution Certifying Annual Changes to Butte County
Maintained Mileage - consideration of a resolution approving
the changes to the County’s maintained mileage. The
maintained mileage for 2008 was determined to be 1,302.013
miles - action requested - ADOPT RESOLUTION 09-062 AND
AUTHORIZE THE CHAIR TO SIGN. (Public Works)
18.Award of Bid for Excavation of Module 4, Phase D at the Neal
Road Sanitary Landfill, County Project Number 757-5916 -
Fifteen (15) bids were received and opened on April 7, 2009
for this project. The lowest responsible and responsive
bidder was Independent Construction of Concord, CA in the
amount of $1,021,100. This project is budgeted in current
Fiscal Year and will be funded by Certificate of Deposit
Proceeds - action requested - AWARD BID TO INDEPENDENT
CONSTRUCTION. (Public Works)
19.Forest Products & Excavation - amendment - approval is
requested for an amendment to the agreement with Forest
Products & Excavation for the provision of debris and snow
removal for Butte County. The amendment increases the
maximum amount payable by $20,593 (department budget)-
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X17536)(Public Works)
20.Resolution Recognizing Derek Ralston Upon His Retirement from
Butte County - action requested - ADOPT RESOLUTION 09-063 AND
AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner)
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21.State of California, Department of Water Resources (DWR) -
approval is requested for an agreement with DWR for funding
for the Thermalito Afterbay Boating Enforcement Program.
The term of the proposed agreement is July 1, 2009 through
June 30, 2012 with a maximum amount receivable of $767,686 -
action requested - AS REQUESTED BY THE STATE, AUTHORIZE THE
PREPARATION OF A MINUTE ORDER. (Sheriff-Coroner)
22.Mar-Ken International - approval is requested for an
agreement with Mar-Ken International for the provision of
patrol dog training services and courtroom expert testimony
as needed. The term of the agreement is March 1, 2009
through February 28, 2012 with a maximum amount payable of
$65,736 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff-Coroner)
23.Drug Enforcement Administration of the United States
Department of Justice (DEA) - approval is requested for a
grant agreement with the DEA. The funds will be used to
investigate the illegal cultivation and trafficking of
marijuana. The term of the agreement is January 1, 2009
through December 31, 2009 with a maximum amount receivable
of $45,000 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE SHERIFF TO SIGN AGREEMENT AND ALL
DOCUMENTS RELATED TO THE GRANT. (Sheriff-Coroner)
24.Resolution Authorizing and Approving Tax & Revenue
Anticipation Notes (TRAN) for Fiscal Year 2009/2010 -
consideration of a resolution that will authorize the Auditor
and Treasurer to begin procedures to participate in the
California Cash Flow Financing Program for the 2009/2010
issuance of Tax and Revenue Anticipation Notes. The issuance
will be for a maximum feasible amount to be determined by the
Treasurer and Auditor, not to exceed $35,000,000 - action
requested - ADOPT RESOLUTION 09-064 AND AUTHORIZE THE CHAIR
TO SIGN. (Treasurer-Tax Collector)
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25.Four County Memorandum of Understanding (MOU) - approval is
requested for two addendums to the Four County MOU which
authorized 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. Addendum Two will add Sutter County to
the MOU, and Addendum Three is an expression of commitment
by all five counties to begin an Integrated Regional Water
Management planning process. The Butte County Water
Commission voted unanimously to recommend the Board approve
the addendums. Approval is also requested for the department
to complete the Regional Acceptance Process application to
qualify for Proposition 84 - action requested - APPROVE
ADDENDUM TWO AND THREE AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE DEPARTMENT TO APPLY FOR FUNDS UNDER PROPOSITION
84 AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE
CONSERVATION TO COMPLETE ANY ADDITIONAL DOCUMENTS RELATED TO
THE APPLICATION. (Water and Resource Conservation)
26.Butte County Water Commission - action requested - REAPPOINT
D.C JONES AND MARK KIMMELSHUE TO TERMS TO END MARCH 1, 2013.
(Other Departments and Agencies)
MOTION:I MOVE TO APPROVE THE CONSENT AGENDA.
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VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
0910-002PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA:
1. RESOLUTION RECOGNIZING KEN REIMERS UPON HIS RETIREMENT FROM
BUTTE COUNTY.
2. RESOLUTION RECOGNIZING DEREK RALSTON UPON HIS RETIREMENT FROM
BUTTE COUNTY.
1. RESOLUTION RECOGNIZING THE CENTENNIAL CELEBRATION AND
CORNERSTONE REDEDICATION OF THE OROVILLE MASONIC LODGE 103.
THE RESOLUTION WAS PRESENTED TO VIRGLE GAGE.
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0910-003Boards, Commissions and Committees.
1.Appointments to Listed Vacancies.
MOTION:I MOVE TO REAPPOINT TOM DONATI AND APPOINT RALPH WILKERSON TO THE
BUTTE COUNTY FAIR BOARD. (BOTH TERMS TO END JANUARY 7,
2013)(18:10)
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VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
2.Board Member or Committee Reports.
SUPERVISOR YAMAGUCHI REPORTED ON AN UPCOMING MEETING OF THE AIR
QUALITY MANAGEMENT DISTRICT.
SUPERVISOR KIRK REPORTED HER ATTENDANCE AT A CHICO CITY COUNCIL
MEETING. SHE REPORTED THE CITY HAD DISCUSSED THE FEMA LEVEE
ISSUES AND POSSIBILITY OF ENTERING INTO A PAL AGREEMENT FOR ALL OF
THE LEVEES WITHIN THE INCORPORATED AREAS EVEN WITHOUT DWR SIGNING
THE AGREEMENTS. MIKE CRUMP, DIRECTOR OF PUBLIC WORKS PROVIDED
SOME ADDITIONAL INFORMATION. (21:05)
SUPERVISOR KIRK REPORTED THAT SHE ATTENDED A WATER WORKSHOP GIVEN
BY THE DEPARTMENT OF WATER RESOURCES.
SUPERVISOR KIRK REPORTED ON HER AND SUPERVISOR DOLAN’S ATTENDANCE
AT THE LOCAL GOVERNMENT JPFA COMMITTEE MEETING.
SUPERVISOR LAMBERT REPORTED THAT THERE IS A TOWN HALL MEETING IN
GRIDLEY ON THURSDAY, APRIL 23, 2009 TO DISCUSS THE FEMA LEVEE
ISSUE.
CHAIR CONNELLY REPORTED THAT HE HAS BEEN MEETING WITH THE VETS
MEMORIAL GROUP REGARDING THE PROJECT AT THE OROVILLE VET’S
MEMORIAL HALL. HE THANKED STAFF FOR THEIR EFFORTS.
RECESS:10:10 A.M.
RECONVENE:10:18 A.M.
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0910-004Update on Current Budget and Legislative Issues by the Chief
Administrative Officer.
GREGORY G. ITURRIA, INTERIM CHIEF ADMINISTRATIVE OFFICER REPORTED
THAT HE AND HIS STAFF HAVE BEEN WORKING WITH THE TREASURER’S AND
AUDITOR’S OFFICE PREPARING THE TAX AND REVENUE ANTICIPATION NOTES
(TRANS) FOR A CASH-FLOW LOAN BEGINNING JULY 1, 2009. HE REPORTED
THAT THE CAO’S OFFICE HAS BEEN WORKING WITH ALL COUNTY DEPARTMENTS
TO PREPARE THE PROPOSED BUDGET FOR FISCAL YEAR 2009/2010. HE
REPORTED THAT THE STATE OF CALIFORNIA AND ALL COUNTIES WITHIN
CALIFORNIA WILL HAVE MORE DIFFICULTY OBTAINING CASH FLOW LOANS
THIS YEAR DUE TO THE ECONOMY. THE PROPOSED BUDGET WILL BE
PRESENTED TO THE BOARD AT THE MAY 5, 2009 REGULAR BOARD MEETING.
0910-005Update of General Plan 2030 Process by Director-Development
Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED AN
UPDATED ON GENERAL PLAN 2030. (40:58)
0910-006Update Regarding Upcoming Butte County Code Amendments.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED AN
UPDATED ON CODE AMENDMENTS.
SUPERVISOR DOLAN REQUESTED THAT THE CODE ENFORCEMENT ADVISORY
BOARD (CEAB) PROVIDE RECOMMENDATION REGARDING THE DEFINITIONS OF
“FENCING MATERIALS.” MR. SNELLINGS REPORTED THAT HE WILL REPORT
ON RECOMMENDATIONS OF THE CEAB AT A FUTURE BOARD MEETING.
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UBLICEARINGS AND IMEDTEMS
0910-007Public Hearing - Southgate Acres Subdivisions, County Service
Area (CSA) 90, Zones 1 and 2 - On February 24, 2009, the Board
adopted Resolution 09-021, setting a protest hearing for increased
maximum service charges in CSA 90, Zones 1 and 2 for storm
drainage maintenance. Pursuant to Proposition 218, an increase in
the maximum service charge is subject to a protest hearing, and if
there is not a majority protest, the increase is then subject to
a ballot proceeding. Currently in Zone 1, no services are
provided, and there are no maximum service charges. Zone 2 has
a current maximum per parcel charge of $83.36 for fire protection
services. The proposed maximum service fee for storm drainage
maintenancewill be $88.74 per parcel in both Zones, with Zone 1
maximum service charge of $88.74 and Zone 2 maximum service charge
of $172.10 ($83.36 + $88.74) - action requested -
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1)IF THERE IS NOT A MAJORITY PROTEST IN ETHER ZONE, ADOPT
RESOLUTION 09-065 SETTING A BALLOT PROCEEDING FOR JUNE 9,
2009 AT 9:45 AND AUTHORIZE THE CHAIR TO SIGN; OR
2)IF THERE IS A MAJORITY PROTEST IN EITHER ZONE, FIND THAT THE
SERVICE CHARGES CANNOT BE ESTABLISHED FOR STORM DRAINAGE
MAINTENANCE, AND THE SERVICE WILL NOT BE PROVIDED. (Public
Works)
STUART EDELL, DEPUTY DIRECTOR FROM PUBLIC WORKS PROVIDED A REPORT
TO THE BOARD.
PUBLIC HEARING OPENED:10:52 A.M.
PUBLIC HEARING CLOSED:10:52 A.M.
MOTION:I MOVE TO ADOPT RESOLUTION SETTING A BALLOT PROCEEDING FOR JUNE
9, 2009 AT 9:45 AND AUTHORIZE THE CHAIR TO SIGN.
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EGULARGENDA
0910-008Agreement for Jail Service with United States Marshals Service -
The US Marshals Service is in need of housing for federal inmates
in Northern California. The Sheriff’sOffice has analyzed the
option of housing the inmates and has found it is a viable option
under the current jail operations. Approval is requested for an
agreement with the US Marshals Office to house federal inmates at
a daily rate of $77.17 per inmate. The term of the agreement is
for a three-year period through April 30, 2012. The US Marshals
Service will reimburse the County monthly for housing services -
action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Sheriff-Coroner)
SHERIFF PERRY RENIFF PROVIDED A REPORT TO THE BOARD. (51:05)
MOTION:I MOVE TO APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
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RECESS:10:10 A.M.
RECONVENE:10:18 A.M.
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UBLICEARINGS AND IMEDTEMS
0910-009Public Hearing - Use of Justice Assistance Grant (JAG) for Fiscal
Year (FY) 2009/2010 - The District Attorney’s Office has been
allocated $96,041 in JAG block grant funds for FY 2009/2010. The
grant application must be filed by May 18, 2009 in order for funds
to be awarded. The County justice agencies have met and selected
to sponsor the Butte County Adult Drug Court/Substance Abuse
Treatment Program. No local match is required - action
requested - AUTHORIZE APPLICATION FOR JAG FUNDS FOR THE SPONSORED
PROGRAM. (District Attorney)(1:09:33)
MIKE RAMSEY, DISTRICT ATTORNEY PROVIDED A REPORT TO THE BOARD.
PUBLIC HEARING OPENED:10:22 A.M.
PUBLIC HEARING CLOSED:10:22 A.M.
MOTION:I MOVE TO AUTHORIZE APPLICATION FOR JAG FUNDS FOR THE SPONSORED
PROGRAM.
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0910-010Public Hearing - Book Farm Road - Reconstruction of Highway 99
created a new frontage road that requires a road name. The County
requested that the property owners served by the road submit road
name preferences. Four of the five property owners who responded
recommended the name Book Farm Road. One property owner requested
three alternate names, each of which duplicated existing roads
within Butte County. The road name coordinator recommends the
name Book Farm Road be approved - action requested - APPROVE ROAD
NAME OF BOOK FARM ROAD. (Public Works)(From 4-7-09 [Item 3.16])
STUART EDELL, DEPUTY DIRECTOR OF PUBLIC WORKS PROVIDED A REPORT TO
THE BOARD.
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PUBLIC HEARING OPENED:10:25 A.M.
PUBLIC HEARING CLOSED:CONTINUED OPEN UNTIL JUNE 9, 2009 AT
9:55 A.M.
MOTION:I MOVE TO CONTINUE THE HEARING OPEN THROUGH JUNE 9, 2009 AT 9:55
A.M.
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0910-011Public Hearing - Appeal of Planning Commission’s Denial Without
Prejudice of Legal Lot Determinations (DET) 06-24 and 06-25
(Estate of Cecil Johnson) - consideration of an appeal of two (2)
Legal Lot Determination applications. The properties are located
on the east and west sides of Morgan Ridge Road, near Circle Lane,
south of Paradise - action requested - DENY THE APPEAL AND UPHOLD
THE PLANNING COMMISSION’S DENIAL WITHOUT PREJUDICE; AND UNDER TWO
NEW APPLICATIONS, ALLOW THE APPLICANT TO PROVIDE THE NECESSARY
DOCUMENTATION FOR COMPLETE APPLICATIONS AND TO PAY ONLY ONE
APPLICATION FEE AS A DEPOSIT TO COMPLETE THE PROCESSING OF BOTH
APPLICATIONS. (Development Services)
STEVE TROESTER, PRINCIPAL PLANNER PROVIDED A REPORT TO THE BOARD.
PUBLIC HEARING OPENED:10:31 A.M.
PUBLIC HEARING CLOSED:10:33 A.M.
JESSICA MILLER, AN ATTORNEY REPRESENTING THE APPLICANT ADDRESSED
THE BOARD.
MOTION:I MOVE TO DENY THE APPEAL AND UPHOLD THE PLANNING COMMISSION’S
DENIAL WITHOUT PREJUDICE; AND UNDER TWO NEW APPLICATIONS, ALLOW
THE APPLICANT TO PROVIDE THE NECESSARY DOCUMENTATION FOR COMPLETE
APPLICATIONSAND TO PAY ONLY ONE APPLICATION FEE AS A DEPOSIT TO
COMPLETE THE PROCESSING OF BOTH APPLICATIONS. (Resolution 09-066)
2 M
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0910-012Public Hearing - Appeal of One Condition of the Planning
Commission’sDecision Related to Tentative Parcel Map (TPM) 07-
0008 (Burge) - consideration of an appeal regarding Planning
Commission’s condition #9 requiring the improvement of access
roads to the parcel being divided to RS-8 LD-1 County Improvement
Standard. The access roads are: Fire Camp Road, Sandra Lane, and
Shirley Lane. The subject property is located at 87 Shirley Lane,
Oroville, CA - action requested - ADOPT RESOLUTION 09-067 DENYING
THE APPEAL OF CONDITION #9 AND UPHOLDING THE PLANNING COMMISSION’S
ACTION REQUIRING THE IMPROVEMENTS OF ACCESS ROADS, FIRE CAMP ROAD,
SANDRA LANE, AND SHIRLEY LANE. (Development Services)
CHRIS TOLLEY, ASSISTANT PLANNER PROVIDED A REPORT TO THE BOARD.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: HENRY BAILEY, CASEY
HENDRICKS, AND GLEN BURGE (1:44:42)
PUBLIC HEARING OPENED:10:40 A.M.
PUBLIC HEARING CLOSED:11:09 A.M.
STUART EDELL, DEPUTY DIRECTOR OF PUBLIC WORKS ANSWERED QUESTIONS
FROM THE BOARD. (1:58:09)
MOTION:I MOVE TO ADOPT A MOTION OF INTENT GRANTING THE APPEAL WITH THE
FOLLOWING FINDINGS: DUE TO THE TOPOGRAPHY OF THE AREA, ALLOW THE
OWNER TO RESOLVE THE MITIGATIONREQUIRED IN CONDITION 9 BY
ALLOWING TURNOUTS WHERE THE ROAD NARROWS AND A TURNAROUND AT THE
END OF ROAD TO ENSURE THAT FIRE TRUCK CAN TURN AROUND. (2:04:09)
2M
VOTE:1 Y 2 N 3 Y 4 Y 5 Y (MOTION CARRIED 4-1)
RECESS:11:16 A.M.
RECONVENE:11:25 A.M.
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0910-013Recruitment for Assessor - As directed by the Board on March 24,
2009, the department is submitting several recruitment strategies,
including advertising in local businesses, statewide Assessor and
Human Resources offices, various websites, and local newspapers.
The department recommends the recruitment period run from May 1,
2009 through June 10, 2009 with interviews to be held in a special
meeting to be designated by the Board of Supervisors - action
requested - APPROVE THE PROPOSED RECRUITMENT AND SELECTION
STRATEGY, AMENDING AS NEEDED; AND PROVIDE DIRECTION TO STAFF TO
BEGIN THE PROCESS. (Human Resources)
LAURA BRUNSON, DIRECTOR OF HUMAN RESOURCES PROVIDED A REPORT TO
THE BOARD.
KEN REIMERS AND BLAKE BAILEY ADDRESSED THE BOARD.
MOTION:I MOVE TO APPROVE THE PROPOSED RECRUITMENT AND SELECTION STRATEGY
AND PROVIDE DIRECTION TO STAFF TO BEGIN THE PROCESS.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
0910-014Report Regarding Human Services in a Time of Economic Crisis - The
Director of the Department of Employment and Social Services will
present a joint report developed by the California State
Association of Counties and the County Welfare Directors
Association of California. The report was commissioned to
increase public awareness of and legislative support for the
resources counties need to administer state-mandated programs and
meet the needs of communities - action requested - ACCEPT FOR
INFORMATION. (Employment and Social Services)
CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES PROVIDED
A REPORT TO THE BOARD. (2:42:00)
0910-015Camp Creek Road Bridge Replacement - The Camp Creek Road Bridge
was destroyed during the June 2008 Lightning Fire Storm. This
bridge only provides access to US Forest Service Lands and a PG&E
high voltage transmission line. Staff is recommending not to
replace the bridge and requests to return to the Board in a year
or less with one of the following options: 1) an agreement between
the County and PG&E allowing PG&E to replace the bridge at their
sole cost, and upon completion and approval, the County would
accept the bridge into the maintained bridge system; or 2) an
agenda item initiating the abandonment of that portion of Camp
Creek Road between the old bridge site and the Butte/Plumas County
line - action requested - MAKE DETERMINATION NOT TO REPLACE THE
CAMP CREEK ROAD BRIDGE; AND PROVIDE DIRECTION TO STAFF REGARDING
FUTURE ACTIONS RELATING TO THE BRIDGE. (Public Works)
A21,2009
P13PRIL
AGE
BCBSM-A21,2009
UTTEOUNTY OARD OF UPERVISORS INUTESPRIL
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS PROVIDED A REPORT TO THE
BOARD.
MOTION:I MOVE TO DIRECT STAFF TO RETURN TO THE BOARD IN A YEAR OR LESS
WITH: 1) AN AGREEMENT BETWEEN THE COUNTY AND PG&E ALLOWING PG&E
TO REPLACE THE BRIDGE AT THEIR SOLE COST, AND UPON COMPLETION AND
APPROVAL, THE COUNTY WOULD ACCEPT THE BRIDGE INTO THE MAINTAINED
BRIDGE SYSTEM; AND/OR 2) AN AGENDA ITEM INITIATING THE ABANDONMENT
OF THAT PORTION OF CAMP CREEK ROAD BETWEEN THE OLD BRIDGE SITE AND
THE BUTTE/PLUMAS COUNTY LINE(2:51:00).
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Items Removed from the Consent Agenda for Board Consideration and
Action. (NONE)
CS
LOSEDESSION
THE BOARD RECESSED AT 12:15 P.M. TO CLOSED SESSION REGARDING:
0910-016
CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE
SECTION 54956.8:
PROPERTY: APN 022-320-002
AGENCY NEGOTIATOR:GRANT HUNSICKER
NEGOTIATING PARTY:CITY OF BIGGS
NEGOTIATIONS:TERMS OF SALE
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON
EMPLOYEE ORGANIZATION
:BCEA, BCMEA, CWA, DSA -
MANAGEMENT/SUPERVISORY UNIT, DSA -
GENERAL UNIT, BCCOA - SUPERVISORY
UNIT, BCCOA - GENERAL UNIT, PPOA, AND
PEA.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a): TWO CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION(NIGC); CASE
NO. 08-519 USDC - DISTRICT OF COLUMBIA.
A21,2009
P14PRIL
AGE
BCBSM-A21,2009
UTTEOUNTY OARD OF UPERVISORS INUTESPRIL
THE BOARD RECONVENED AT 1:37 P.M. TO CLOSED SESSION REGARDING:
CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE
SECTION 54956.8:
PROPERTY: APN 022-320-002
AGENCY NEGOTIATOR:GRANT HUNSICKER
NEGOTIATING PARTY:CITY OF BIGGS
NEGOTIATIONS:TERMS OF SALE
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON
EMPLOYEE ORGANIZATION
:BCEA, BCMEA, CWA, DSA -
MANAGEMENT/SUPERVISORY UNIT, DSA -
GENERAL UNIT, BCCOA - SUPERVISORY
UNIT, BCCOA - GENERAL UNIT, PPOA, AND
PEA.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a): TWO CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION(NIGC); CASE
NO. 08-519 USDC - DISTRICT OF COLUMBIA. (No Announcements)
0910-017Review of Revised Butte County Mining Ordinance, Butte County Code
Chapter 13, Article II, Surface Mining and Reclamation - direction
is requested regarding policy questions and the proposed amended
mining ordinance - action requested -
1)PROVIDE DIRECTION REGARDING THE POLICY QUESTIONS IDENTIFIED
IN THE AGENDA REPORT; AND
2) REVIEW PROPOSED AMENDED MINING ORDINANCE, AMENDING AS NEEDED;
AND
3) DIRECT STAFF TO RE-CIRCULATE THE PROPOSED ORDINANCE WITH
BOARD DIRECTED AMENDMENTS TO THE DEPARTMENT OF CONSERVATION,
THE SURFACE MINING AGGREGATE OPERATIONS COMMITTEE, THE
PLANNING COMMISSION, BUTTE COUNTY’S MINE OPERATORS, AND OTHER
INTERESTED PARTIES; AND
4) DIRECT STAFF TO BRING FINAL VERSION OF ORDINANCE BACK FOR
ADOPTION. (Development Services)
PRESENTATION BY PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT
SERVICES AND CHRIS THOMAS, ASSOCIATE PLANNER
MARK HARRISON ADDRESSED THE BOARD.
A21,2009
P15PRIL
AGE
MOTION:I MOVE TO AMEND THIS PROPOSED ORDINANCE ADDING THE OPTION OF
MINING APPLICATIONS ALSO GOING TO THE SURFACE MINING AGGREGATE
OPERATIONS COMMITTEE AND REFER THE PROPOSED ORDINANCE TO
DEPARTMENT OF CONSERVATION, THE SURFACE MINING AGGREGATE
OPERATIONS COMMITTEE, THE PLANNING COMMISSION, BUTTE COUNTY’S MINE
OPERATORS, AND OTHER INTERESTED PARTIES. DIRECT MINE OPERATORS TO
MEET WITH ANY COUNTY STAFF NEEDED AND TO RETURN THE FINAL VERSION
OF THE ORDINANCE FOR ADOPTION. (4:24:35)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PC
(NONE)
UBLICOMMENT
Comments to the Board on issues and items not listed on the
agenda. Presentations will be limited to five minutes. Please
note that pursuant to California state law, the Board of
Supervisors is prohibited from taking action on any item not
listed on the agenda.
:
A
THERE BEING NO FURTHER BUSINESS BEFORE
DJOURNMENT
THE BOARD, THE MEETING WAS ADJOURNED
AT 2:27 P.M., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, MAY 5, 2009 AT 9:00 A.M.
______________________
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Gregory G. Iturria, Interim Chief Administrative
Officer and Clerk of the Board
By:____________________________