HomeMy WebLinkAboutM050509
BCBS
UTTEOUNTYOARD OF UPERVISORS
M
INUTES
M5,2009
AY
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
BCBSM-M5,2009
UTTEOUNTY OARD OF UPERVISORS INUTESAY
Called to order at 9:02 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
IRCABCA.
0911-001
TEMSEMOVED FROM THE ONSENTGENDA FOR OARDONSIDERATION AND CTION
1.Resolution Amending Resolution 08-131 and Rescinding the
approval of the Mitigated Negative Declaration for the Tuscan
Aquifer Monitoring, Recharge and Data Project - consideration
of a resolution which will rescind the approval of the
Mitigated Negative Declaration for the Tuscan Aquifer
Monitoring, Recharge and Data project approved by the Board
on September 23, 2008 due to the stop-work order issued by
the State for bond-funded projects. Prior to commencing any
work associated with the project, the County will be required
to prepare a new environmental document - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Water and
Resource Conservation)
JIM BROBECK REQUESTED THIS ITEM BE REMOVED FROM CONSENT FOR
DISCUSSION ON THE REGULAR AGENDA.
2.Comment Letter to the Department of Water Resources (DWR) on
the Bay-Delta Conservation Plan (BDCP) Scoping Document -
approval is requested to submit a comment letter on the joint
Environmental Impact Report and Environmental Impact
Statement for the BDCP - action requested - APPROVE COMMENT
LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource
Conservation)
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM CONSENT
FOR DISCUSSION ON THE REGULAR AGENDA.
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CA
ONSENTGENDA
0911-0021.Megabyte Systems, Inc. - approval is requested for a sole
source agreement and addenda with Megabyte Systems, Inc.
which provides the software package for the tax cycle
departments. The term of the agreement is July 1, 2009
through June 30, 2010 at a monthly fixed rate of $9,456.24 -
action requested - APPROVE THE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Assessor)
2.Resolution Recognizing May 2009 as Mental Health Month and
May 7, 2009 as Butte County Children’s Mental Health Day -
action requested - ADOPT RESOLUTION 09-067 AND AUTHORIZE THE
CHAIR TO SIGN. (Behavioral Health)
3.Willow Glen Care Center - amendment - approval is requested
for an amendment to the sole source agreement with Willow
Glen Care Center which provides residential board and care
for Behavioral Health clients. The amendment adds an
additional program site, the Willow Glen - Trinty Pines home
in Paradise, and increases the maximum amount payable by
$25,620 (department budget utilizing realignment funds)-
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Behavioral Health)
4.Bangor Cemetery District - action requested - APPOINT
KATHLEEN ARNOLDSEN TO A TERM TO END JANUARY 1, 2013.
(Supervisor Connelly)(Board of Supervisors)
5.Approval of Minutes - action requested - APPROVE MINUTES OF
APRIL 7, 2009. (Chief Administrative Office)
6.Design, Community, & Environment (DC&E) - amendment -
approval is requested for an amendment with DC&E, the
consultant for General Plan 2030. The amendment incorporates
changes to the scope of work as detailed in the agenda report
and extends the term of the agreement through December 31,
2010. There is no additional net cost to the County as a
result of this amendment - action requested - APPROVE THE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X16261)(Development Services)
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7.Violence Against Women Vertical Prosecution Program (VV) -
approval is requested to ratify the submittal of an
application to the California Emergency Management Agency’s
(CalEMA) Law Enforcement and Victim Services Division to
receive funding for the VV program. The initial application
is on a competitive basis and funding is based on population
of the proposed service area. The funding for the program
is a three-year cycle beginning July 1, 2009 with a funding
amount of of $200,000 in the first year with a required in-
kind match of $66,667 (department budget) - action
requested - RATIFY THE SUBMITTAL OF THE APPLICATION AND
AUTHORIZE THE DISTRICT ATTORNEY TO SIGN ANY SUBSEQUENT
DOCUMENTS RELATED TO THE GRANT. (District Attorney)
8.Addus Healthcare, Inc. - approval is requested for an
agreement with Addus Healthcare, Inc. for the provision of
Contract Mode In-Home Supportive Services (IHSS). The IHSS
Advisory Committee recommends approval of this agreement.
The term of the agreement is July 1, 2009 through June 30,
2011 with a maximum amount payable of $2,564,520 - action
requested - APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Employment and Social Services)
9.Private Industry Council (PIC) of Butte County - amendment -
approval is requested for an amendment to the agreement with
PIC for the provision of Assessment Testing; Work Experience
Site Development and Enhancement Services; and supportive
services for CalWORKS Welfare-to-Work participants. The
amendment extends the term of the agreement through June 30,
2009 and increases the maximum amount payable by $400,000 -
action requested - APPROVE THE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social
Services)
10.Resolution to Amend the Salary Ordinance - the department has
prepared a resolution that includes certain actions approved
by the Board on March 24, 2009. The resolution will amend
the salary ordinance as follows:
ASSESSOR - requests to delete one (1) position of
Assessment Clerk, Senior/Assessment Clerk. This change will
decrease the total allocated positions in the department from
39 to 38.
HUMAN RESOURCES - requests to delete one position of
Administrative Assistant/Office Specialist, Senior/Office
Specialist/Office Assistant. This change will decrease the
total allocated positions in the department from 20 to 19.
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LIBRARY - requests to reduce one position of Library
Assistant from 100% Full-Time Equivalent (FTE) to 50% FTE
effective July 1, 2009. In addition, the department requests
to delete one position of Library Assistant effective July
1, 2009. The department also requests to delete one position
of Librarian and four 50% FTE positions of Library
Assistant. These changes will decrease the total allocation
in the department from 31.75 to 28.75. Effective July 1,
2009 the total allocations in the department will decrease
from 28.75 to 27.25.
GENERAL SERVICES - requests to delete three positions of
Janitor and two positions of Building Crafts Worker,
Senior/Building Crafts Worker. These changes will decrease
the total allocated positions in the department from 58 to
53.
CHIEF ADMINISTRATIVE OFFICE - requests to delete one position
of Administrative Services Officer and one position of
Assistant Chief Administrative Officer. These changes will
decrease the total allocated positions in the department from
29 to 27.
PUBLIC WORKS - requests to delete two positions of
Engineering Technician, Senior/Engineering Technician,
Associate/Engineering Technician, Assistant/Engineering Aide
and one position of Office Specialist, Senior/Office
Specialist/Office Assistant. These changes will decrease the
total allocated positions in the department from 137.75 to
134.75.
FARM, HOME, AND 4H - requests to delete one position of
Office Specialist, Senior/Office Specialist/Office Assistant.
This change will decrease the total allocated positions in
the department from 3 to 2.
DEVELOPMENT SERVICES - requests to delete the following: two
positions of Building Inspector, Senior/Building Inspector;
one position of Permit Technician/Permit Assistant; and two
positions of Planner, Senior/Planner, Assistant/Planner,
Associate.
These changes will decrease the total allocated
29.8 to 24.8.
positions in the department from
-
DISTRICT ATTORNEY requests to delete the following: one
position of District Attorney Victim Counselor; one position
of Bad Check Program Coordinator; one position of
Investigator II/I; and one position of Investigator II/I.
These changes will decrease the total allocated positions in
the department from 86.5 to 82.5.
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SHERIFF-CORONER - requests to delete one position of
Sheriff’s Clerk III/II/I. This change will decrease the
total allocated positions in the department from 278 to 277.
PROBATION - requests to delete the following: three positions
of Probation Officer III/II/I; one position of Supervising
Probation Officer; and one position of Office Specialist,
Senior/Office Specialist/Office Assistant. These changes
will decrease the total allocated positions in the department
from 99 to 94.
PUBLIC HEALTH - requests to delete one position of Deputy
Director, Environmental Health and one position of Public
Health Laboratory Technician. These changes will decrease the
total allocated positions in the department from 162.05 to
160.05.
EMPLOYMENT AND SOCIAL SERVICES - requests to delete one
position of Paralegal. This change will decrease the total
allocated positions in the department from 534 to 533.
INFORMATION SYSTEMS - requests to delete the following: one
position of GIS Technician; one position of Information
Systems Technician, Senior/Information Systems
Technician/Information Systems Technician, Associate; and one
position of Telecommunications Technician. These changes
will decrease the total allocated positions from 27 to 24.
BEHAVIORAL HEALTH - Due to the approval of the Proposition
36 Capital Facilities and Information Technology (CAP/IT)
plan and funding, the department requests to add one position
of Information Systems Technician/Information Systems
Technician, Associate. This change will increase the total
allocated positions in the department from 301.25 to 302.25
- action requested - ADOPT RESOLUTION 09-068 AND AUTHORIZE
THE CHAIR TO SIGN. (Human Resources)
11.Employer Pick Up Resolution Pre-tax Payroll Deduction Plan
for Service Credit Purchases - In 1997, the Board adopted
Resolution 97-66 which allows employees to take advantage of
Internal Revenue Code Section 414(h)(2) to choose a pre-tax
payroll deduction for service credit purchases with CalPERS.
The proposed resolution is needed because the coverage groups
have expanded and the identification numbers of coverage
groups have changed - action requested - ADOPT RESOLUTION 09-
069 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
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12.Federal Apportionment Exchange Program and State Match
Program - approval is requested for the Fiscal Year 2009/2010
Federal Apportionment Exchange Program and State Match
Program Agreement with the California Department of
Transportation. The agreement will allow the Department of
Transportation to exchange Regional Surface Transportation
Program funds for non-federal funds. In addition to the
exchange of funds, State matching funds are allocated from
the State Highway Account to the Public Works Department -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN; AND ADOPT RELATED RESOLUTION 09-070 AND AUTHORIZE
THE CHAIR TO SIGN. (Public Works)
13.California Department of Transportation (Caltrans)
Disadvantaged Business Enterprise (DBE) Implementation
Agreement - as a condition of receipt of federal funding for
transportation projects, the County must adopt a DBE program
in compliance with Title 49 CFR, Part 26. Under this
program, sub-recipients must immediately adopt Exhibit 9-A
as shown in the agenda report - action requested - ADOPT
RESOLUTION 09-071 APPROVING AND ADOPTING EXHIBIT 9-A AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE DIRECTOR OF
PUBLIC WORKS TO EXECUTE SUCH ADOPTION IN ORDER TO FACILITATE
SUBMISSION TO CALTRANS FOR APPROVAL ON BEHALF OF BUTTE
COUNTY. (Public Works)
14.Resolution Approving and Authorizing Execution of
Administering Agency - State Agreement for State-Funded
Projects Master Agreement No. 03-00248S - approval is
requested for this Master Agreement with Caltrans to
incorporate and conform to recent changes in State statues,
regulations, and policies, including Caltrans Local
Assistance procedures and requirements relating to State-
funded programs - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND ADOPT RELATED RESOLUTION 09-
072 AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
15.Resolution Authorizing the Director of Public Works to
Execute Program Supplements to Administering Agency - State
Agreement for State-Funded Projects Master Agreement No. 03-
00248S - consideration of a resolution required in order to
process the Program Supplements as required by recent
regulations set by Caltrans to deobligate lapsed programmed
funds and make the funds eligible to new projects - action
requested - ADOPT RESOLUTION 09-073 AND AUTHORIZE THE CHAIR
TO SIGN. (Public Works)
16.Resolution Recognizing May 15, 2009 as Peace Officers’
Memorial Day and the Week of May 10-16, 2009 as Police Week -
action requested - ADOPT RESOLUTION 09-074 AND AUTHORIZE THE
CHAIR TO SIGN. (Sheriff-Coroner)
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17.Monthly Investment Report - submitted is the Monthly
Investment Report dated March 31, 2009, in accordance with
the Statement of Investment Policy dated July 1, 2008 -
action requested - ACCEPT FOR INFORMATION. (Treasurer-Tax
Collector)
18.Annual Statement of Investment Policy - pursuant to
GovernmentCode Sections 27133 and 53601, approval is
requested for the Annual Statement of Investment Policy which
sets forth policies regarding the investment of surplus funds
and funds under the custodianship of the Treasurer. The
policy has been reviewed by the Butte County Treasury
Oversight Committee and will become effective July 1, 2009 -
action requested - APPROVE ANNUAL STATEMENT OF INVESTMENT
POLICY. (Treasurer-Tax Collector)
19.Introduction of an Ordinance Amending Butte County Code
Section 2-166 Delegating Investment Authority to the Butte
County Treasurer-Tax Collector - pursuant to Government Code
Section 53607, approval is requested for an ordinance which
will delegate investment authority to the Treasurer-Tax
Collector for Fiscal Year 2009/2010. This ordinance will
replace No. 3985 which expires June 30, 2009 - action
requested - WAIVE READING OF THE ORDINANCE. (Treasurer-Tax
Collector)
20.2009 Butte County Basin Management Objectives (BMOs)- Chapter
33A of the Butte County Code calls for the establishment of
a monitoring network and BMOs to define acceptable
groundwater elevations, groundwater quality, and land
subsidence. Both the Water Advisory Committee and Butte
County Water Commission recommend the approval of the
countywide management plan as represented in the 2009 BMOs -
action requested - APPROVE THE 2009 BUTTE COUNTY BASIN
MANAGEMENT OBJECTIVES. (RESOLUTION NO. 09-075) (Water and
Resource Conservation)
21.Resolution Recognizing Silver Star Families of America and
Recognizing May 1, 2009 as Silver Star Banner Day -action
requested - ADOPT RESOLUTION 09-076 AND AUTHORIZE THE CHAIR
TO SIGN. (Other Departments and Agencies)
22.Resolution Recognizing the Child Abuse Prevention Council of
Butte County and Child Abuse Prevention Month - action
requested - ADOPT RESOLUTION 09-077 AND AUTHORIZE THE CHAIR
TO SIGN. (Other Departments and Agencies)
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MOTION:I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS
3.21 AND 3.22 WHICH WERE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
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RESENTATION OF ESOLUTIONSDOPTED ON THE ONSENTGENDA
0911-0031.RESOLUTION RECOGNIZING MAY 2009 AS MENTAL HEALTH MONTH AND
MAY 7, 2009 AS BUTTE COUNTY CHILDREN’S MENTAL HEALTH DAY.
ED WALKER, INTERIM DIRECTOR OF BEHAVIORAL HEALTH ACCEPTED THE
RESOLUTION.
2.RESOLUTION RECOGNIZING MAY 15, 2009 AS PEACE OFFICERS’
MEMORIAL DAY AND THE WEEK OF MAY 10-16, 2009 AS POLICE WEEK.
BUTTE COUNTY SHERIFF PERRY RENIFF ACCEPTED THE RESOLUTION.
3.RESOLUTION RECOGNIZING SILVER STAR FAMILIES OF AMERICA AND
RECOGNIZING MAY 1, 2009 AS SILVER STAR BANNER DAY.
4.RESOLUTION RECOGNIZING THE CHILD ABUSE PREVENTION COUNCIL OF
BUTTE COUNTY AND CHILD ABUSE PREVENTION MONTH. MARGIE
RUEGGER FROM THE CHILD ABUSE PREVENTION COUNCIL ACCEPTED THE
RESOLUTION.
RA
EGULARGENDA
0911-004Boards, Commissions and Committees.
1.Appointments to Listed Vacancies. (None)
2.Board Member or Committee Reports.
SUPERVISOR DOLAN REPORTED THAT NORTEC RESPONDED TO THE BOARD’S
REQUEST TO MOVE THEIR QUARTERLY MEETING TO A DAY OTHER THAN THE
FOURTH WEDNESDAY OF EACH MONTH. NORTEC RESPONDED THAT THEIR
MEETINGS COULD NOT BE MOVED DUE TO THE NUMBER OF COUNTIES THAT
PARTICIPATE AND THE DISTANCE THAT MANY MEMBERS HAVE TO TRAVEL.
SUPERVISOR DOLAN REQUESTED TO BE REMOVED FROM THAT COMMITTEE. NO
CHANGE WAS MADE. THE CHIEF ADMINISTRATIVE OFFICER CONFIRMED THAT
A STAFF MEMBER WILL ATTEND THE MEETINGS ON BEHALF OF BUTTE COUNTY
AND THE CHAIR AND VICE CHAIR WILL MEET WITH THE PRIVATE SECTOR
INDIVIDUALS FROM BUTTE COUNTY WHO REGULARLY ATTEND THE QUARTERLY
MEETINGS.
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SUPERVISOR DOLAN REPORTED THAT SHE AND SUPERVISOR KIRK ATTENDED A
CHICO CITY COUNCIL FOR THE DISCUSSION ON THE CITY’S GENERAL PLAN.
SUPERVISOR LAMBERT REPORTED HIS ATTENDANCE AT THE BIGGS-GRIDLEY
HOSPITAL AGENCY.
SUPERVISOR YAMAGUCHI REPORTED HIS ATTENDANCE AT THE BEHAVIORAL
HEALTH BOARD MEETING.
SUPERVISOR YAMAGUCHI REPORTED HIS ATTENDANCE AT A HEARING IN
SACRAMENTO REGARDING ASSEMBLY BILL (AB) 1253, WHICH WOULD, IF
APPROVED, DEREGULATE THE STRIPED BASS AS A CALIFORNIA GAME FISH.
(24:17)
SUPERVISOR CONNELLY REPORTED THAT CONGRESSMAN MCCLINTOCK HELD A
MEETING IN THE BOARD OF SUPERVISORS CHAMBERS ON FRIDAY, MAY 1,
2009 TO DISCUSS COUNTY ISSUES INCLUDING THE FERC RELICENSING AND
THE FEMA MAP MODERNIZATION.
0911-005Update on Current Budget and Legislative Issues by the Chief
Administrative Officer.
GREGORY G. ITURRIA, INTERIM CHIEF ADMINISTRATIVE OFFICER REPORTED
ND
THAT THE 2 INSTALLMENT OF PROPERTY TAXES HAVE BEEN COMING IN TO
THE COUNTY. HE ALSO REPORTED THE BUDGET HEARINGS FOR THE
2009/2010 PROPOSED BUDGET WILL BEGIN ON MONDAY, MAY 18 AT 9:00
A.M.IN THE BOARD CHAMBERS. MR. ITURRIA ALSO REPORTED THAT
ASSEMBLY BILL 155 IS CURRENTLY IN THE ASSEMBLY APPROPRIATIONS
COMMITTEE. IF PASSED, AB 155 WOULD REQUIRE LOCAL AGENCIES TO SEEK
APPROVAL FROM THE CALIFORNIA DEBT AND INVESTMENT ADVISORY
COMMITTEE PRIOR TO SEEKING BANKRUPTCY IN FEDERAL COURT. HE
REPORTED THAT STAFF WAS PREPARING A LETTER OPPOSING THE BILL FOR
THE CHAIR TO SIGN.
0911-006Update of General Plan 2030 Process by Director-Development
Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED AN UPDATE
TO THE BOARD. (31:08) HE REPORTED THAT THE BOARD OF SUPERVISORS
AND PLANNING COMMISSION WILL HOLD A JOINT STUDY SESSION ON MAY 29,
2009 AT THE SOUTHSIDE COMMUNITY CENTER TO DISCUSS THE HOUSING
ELEMENT OF GENERAL PLAN 2030.
THE BOARD DIRECTED THAT DEVELOPMENT SERVICES BRING FORWARD AN ITEM
ON THE MAY 19, 2009 BOARD OF SUPERVISORS MEETING REGARDING THE
TRANSMISSION AGENCY OF CALIFORNIA.
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0911-007County of Butte Fiscal Year 2009/2010 Proposed Budget - submission
of the fiscal year 2009/2010 Proposed Budget - action requested -
ACCEPT PROPOSED BUDGET FOR FISCAL YEAR 2009/2010 AS THE AUTHORITY
FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL
YEAR 2009/2010, AND AS THE BASIS FOR FINAL BUDGET HEARINGS; AND
SET THE PUBLIC HEARING FOR CONSIDERATION OF THE FINAL BUDGET FOR
MONDAY, MAY 18, 2009 AT 9:00 A.M.; AND DIRECT THE CLERK OF THE
BOARD TO PUBLISH NOTICE OF THE HEARING PURSUANT TO GOVERNMENT CODE
SECTION 29066. (Chief Administrative Office)
GREGORY G. ITURRIA, INTERIM CHIEF ADMINISTRATIVE OFFICER PROVIDED
A REPORT TO THE BOARD.
MOTION:I MOVE TO ACCEPT PROPOSED BUDGET FOR FISCAL YEAR 2009/2010 AS THE
AUTHORITY FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET
FOR FISCAL YEAR 2009/2010, AND AS THE BASIS FOR FINAL BUDGET
HEARINGS; AND SET THE PUBLIC HEARING FOR CONSIDERATION OF THE
FINAL BUDGET FOR MONDAY, MAY 18, 2009 AT 9:00 A.M.; AND DIRECT THE
CLERK OF THE BOARD TO PUBLISH NOTICE OF THE HEARING PURSUANT TO
GOVERNMENT CODE SECTION 29066.
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UBLICEARINGS AND IMEDTEMS
0911-008Public Hearing - General Plan Amendment (GPA) 08-0001 - Land Use
Element Text Amendment - consideration of a text amendment which
will delete the 6,500 square foot lot reference from the Low
Density Residential (LDR), Medium Density Residential (MDR), and
High Density Residential (HDR) land use classifications and will
replace the term Planned Area Cluster (PA-C) with Planned Unit
Development (PUD) - action requested - ADOPT RESOLUTION 09-078
ADOPTING A NEGATIVE DECLARATION WITH FINDINGS AND APPROVING GPA
08-0001 AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
PRESENTATION BY PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT
SERVICES.
MICHAEL EVANS ADDRESSED THE BOARD.
PUBLIC HEARING OPENED:9:47 A.M.
PUBLIC HEARING CLOSED:9:48 A.M.
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MOTION:I MOVE TO ADOPT RESOLUTION ADOPTING A NEGATIVE DECLARATIONWITH
FINDINGS AND APPROVING GPA 08-0001 AND AUTHORIZE THE CHAIR TO
SIGN.
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RECESS:9:50 A.M.
RECONVENE: 10:03 A.M.
0911-009 Public Hearing - General Plan Amendment (GPA) 07–0002 and Rezone
(REZ) 07-0001 for Verney Chun, APNs 031-060-054 and 031-070-084 -
consideration of a request to change the subject parcels from the
existing General Plan designation of Public (P) to Agricultural
Residential(AR) and a Rezone from Public Quasi-Public (PQ) to
Foothill Recreational, twenty acre minimum (FR-20). The property
is located on the west side of Cherokee Road, east of Union
Pacific Railroad right-of-way, and north of the Thermalito Power
Canal and the City of Oroville. The change of designation was
requested as the property is no longer under public ownership -
action requested - ADOPT RESOLUTION 09-079 ADOPTING THE NEGATIVE
DECLARATION WITH FINDINGS AND APPROVING GPA07-0002 FROM PUBLIC TO
AGRICULTURAL RESIDENTIAL DESIGNATION; AND ADOPT ORDINANCE 4004
REZONING THE SUBJECT PROPERTY FROM PQ TO FR-20 AND ENTERING INTO
A CONDITIONAL ZONING AGREEMENT LIMITING THE DEVELOPMENT OF THE TWO
SUBJECT PROPERTIES. (Development Services)
PRESENTATION BY CHUCK THISTLEWAITE, PLANNING MANAGER WITH
DEVELOPMENT SERVICES.
MICHAEL EVANS, WHO REPRESENTS THE APPLICANT, ADDRESSED THE BOARD.
PUBLIC HEARING OPENED:10:09 A.M.
PUBLIC HEARING CLOSED:10:10 A.M.
MOTION:I MOVE TO ADOPT RESOLUTION ADOPTING THE NEGATIVE DECLARATION WITH
FINDINGS AND APPROVING GPA07-0002 FROM PUBLIC TO AGRICULTURAL
RESIDENTIAL DESIGNATION; AND ADOPT ORDINANCE REZONING THE SUBJECT
PROPERTY FROM PQ TO FR-20 AND ENTERING INTO A CONDITIONAL ZONING
AGREEMENT LIMITING THE DEVELOPMENT OF THE TWO SUBJECT PROPERTIES.
(54:04)
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RA
EGULARGENDA
0911-010Provisionally Accredited Levee (PAL) Agreements for the Sycamore-
Mud Creek Levee System - consideration of a request from the City
of Chico for Butte County to sign a PAL agreement for those
portions of the Sycamore Creek levee system located outside the
City limits. The City of Chico was recently notified by the
Federal Emergency Management Agency (FEMA) that they would be
allowed to sign a PAL agreement without the accompanying signature
of the Department of Water Resources (DWR) which owns the levee
system - action requested - ESTABLISH AN AD HOC COMMITTEE MADE UP
OF TWO SUPERVISORS TO WORK WITH COUNTY AND CITY STAFF, INCLUDING
DWR AND FEMA AS NECESSARY, TO DISCUSS CURRENT AND FUTURE ISSUES
RELATED TO THE SYCAMORE-MUD CREEK LEVEE SYSTEM AND PAL AGREEMENTS.
(Public Works)
PRESENTATION BY MIKE CRUMP, DIRECTOR OF PUBLIC WORKS AND STU
EDELL.
MOTION:I MOVE TO NOMINATE SUPERVISORS DOLAN AND KIRK AS MEMBERS OF AN AD
HOC COMMITTEE TO WORK WITH COUNTY AND CITY STAFF, INCLUDING DWR
AND FEMA AS NECESSARY, TO DISCUSS CURRENT AND FUTURE ISSUES
RELATED TO THE SYCAMORE-MUD CREEK LEVEE SYSTEM AND PAL AGREEMENTS.
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0911-011Presentation on Local Watershed Activities and Resolution
Recognizing May 2009 as Water and Watershed Awareness Month in
Butte County - action requested - ACCEPT FOR INFORMATION AND ADOPT
RESOLUTION 09-080 AND AUTHORIZE THE CHAIR TO SIGN. (Water and
Resource Conservation)
PRESENTATION BY KRISTEN MCKILLOP, MANAGER OF PROGRAM DEVELOPMENT
WITH THE WATER AND RESOURCE CONSERVATION.
MOTION:I MOVE TO ACCEPT FOR INFORMATION AND ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN.
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IRCABCA.
0911-012
TEMSEMOVED FROM THE ONSENTGENDA FOR OARDONSIDERATION AND CTION
1.Resolution Amending Resolution 08-131 and Rescinding the
approval of the Mitigated Negative Declaration for the Tuscan
Aquifer Monitoring, Recharge and Data Project - consideration
of a resolution which will rescind the approval of the
Mitigated Negative Declaration for the Tuscan Aquifer
Monitoring, Recharge and Data project approved by the Board
on September 23, 2008 due to the stop-work order issued by
the State for bond-funded projects. Prior to commencing any
work associated with the project, the County will be required
to prepare a new environmental document - action requested -
ADOPT RESOLUTION 09-081 AND AUTHORIZE THE CHAIR TO SIGN.
(Water and Resource Conservation)
JIM BROBECK OF THE BUTTE ENVIRONMENTAL COUNCIL REQUESTED THIS ITEM
BE REMOVED FROM CONSENT FOR DISCUSSION ON THE REGULAR AGENDA.
PRESENTATION BY PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE
CONSERVATION.
VICKIE NORTHWAY ADDRESSED THE BOARD AND READ A LETTER INTO RECORD.
JIM BROBECK ADDRESSED THE BOARD.
BRUCE ALPERT, COUNTY COUNSEL ADDRESSED THE BOARD.
MOTION:I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
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2.Comment Letter to the Department of Water Resources (DWR) on
the Bay-Delta Conservation Plan (BDCP) Scoping Document -
approval is requested to submit a comment letter on the joint
Environmental Impact Report and Environmental Impact
Statement for the BDCP - action requested - APPROVE COMMENT
LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource
Conservation)
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM CONSENT
FOR DISCUSSION ON THE REGULAR AGENDA.
MOTION:I MOVE TO APPROVE COMMENT LETTER AND AUTHORIZE THE CHAIR TO SIGN.
2M
VOTE:1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
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UTTEOUNTY OARD OF UPERVISORS INUTESAY
CS
LOSEDESSION
THE BOARD RECESSED AT 11:20 A.M. TO CLOSED SESSION REGARDING:
0911-013
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: LIBRARY DIRECTOR
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a): FOUR
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;
3.HOUGH V. COUNTY OF BUTTE; USDC CASE NO. 08-2783.
4.DRY CREEK COALITION OF BUTTE COUNTY; BUTTE ENVIRONMENTAL
COUNCIL, INC. V. BUTTE COUNTY, ET AL. (NEW ERA MINE); BUTTE
COUNTY SUPERIOR COURT CASE NO. 144532.
THE BOARD RECONVENED AT 1:35 P.M. FROM CLOSED SESSION REGARDING:
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: LIBRARY DIRECTOR
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
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5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a): FOUR
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;
3.HOUGH V. COUNTY OF BUTTE; USDC CASE NO. 08-2783.
4.DRY CREEK COALITION OF BUTTE COUNTY; BUTTE ENVIRONMENTAL
COUNCIL, INC. V. BUTTE COUNTY, ET AL. (NEW ERA MINE); BUTTE
COUNTY SUPERIOR COURT CASE NO. 144532.
PHTI
UBLICEARINGS AND IMEDTEMS
THE MINUTES ON THIS ONE PUBLIC HEARING (MINUTE ORDER 0911-014) ARE
SHOWN ON PAGES 15 THROUGH 18 OF THIS DOCUMENT.
0911-014Public Hearing - Update of the Butte County Master Fee Schedule -
On March 24, 2009, the Board of Supervisors changed fees in the
current Butte County Master Fee Schedule by resolution. On April
7, 2009, the Board requested further discussion regarding fees for
services provided by the Assessor, Development Services, Fire, and
the Environmental Health Division of the Public Health Department.
The departments have reviewed the fees originally submitted and
recommended a number of changes. The Department of Public Works
has also recommended changes. In addition, this item corrects a
few fees where the amounts adopted on March 24, 2009 exceed the
maximum level the County is authorized to charge - action
requested - ADOPT RESOLUTION 09-082 WHICH WILL:
1) AMEND RESOLUTION 09-045 BY RESCINDING THE CHANGES TO FEES FOR
SERVICES PROVIDED BY THE ASSESSOR, DEVELOPMENT SERVICES,
FIRE, THE ENVIRONMENTAL HEALTH DIVISION, AND PUBLIC WORKS AND
ADOPTING AMENDED FEES; AND
2) CORRECT THE PUBLIC GUARDIAN/PUBLIC ADMINISTRATOR HOURLY RATE
FOR SERVICES TO REFLECT THE AMOUNT AUTHORIZED BY THE SUPERIOR
COURT OF CALIFORNIA AND DOG LICENSE FEES FOR SPAYED/NEUTERED
DOG TO MEET THE REQUIREMENTS OF THE CALIFORNIA FOOD AND
AGRICULTURAL CODE. (Chief Administrative Office)
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0911-014 (Continued)
PRESENTATIONBY SHARI MCCRACKEN, DEPUTY ADMINISTRATIVE OFFICER.
THE PUBLIC HEARING FOR THIS ENTIRE ITEM WAS OPENED AT 1:45 P.M.
AND WAS CLOSED AT 3:48 P.M.
EACHDEPARTMENT’SRECOMMENDEDFEESWEREDISCUSSEDINDIVIDUALLYAND
VOTEDONINDIVIDUALLY.AFINALVOTEADOPTINGTHEENTIREAMENDED
MASTERFEESCHEDULE,INCLUDINGANYAMENDMENTSDIRECTEDDURINGTHIS
HEARINGWASMADEAFTERTHEPUBLICHEARINGWASCLOSED.
ASSESSORFEES
Public comment opened: 1:45 p.m.
Public comment closed: 1:50 p.m.
MOTION:I MOVE TO APPROVE THE AMENDED ASSESSORS FEES AS PROVIDED TO THE
BOARD TODAY WITH THE UNDERSTANDING THAT THE TAX DEPOSIT FEE IS
BILLED AT $51 PER HOUR NOT TO EXCEED $306. (5:24)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
SERVICES-CONSTRUCTIONFEES
DEVELOPMENT
Public comment opened: 1:55 p.m.
Public comment closed: 2:00 p.m.
DAVE MUNCH ADDRESSED THE BOARD.
MOTION:I MOVE TO AMEND ALL PROPOSED CONSTRUCTION FEES TO BE INCREASED BY
10%, NOT 14% AS PROPOSED.
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED 4-1)
DEVELOPMENT SERVICES - BUILDING DIVISION - MECHANICAL, PLUMBING,
AND ELECTRICAL PERMIT FEES
Public comment opened: 2:23 p.m.
Public comment closed: 2:25 p.m.
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0911-014 (Continued)
MOTION:I MOVE TO APPROVE FEES AS RECOMMENDED WITH THE EXCEPTION OF THE
FEES RELATED TO FENCING PERMITS SHOWN ON PAGE 4 OF 8 (NUMBERS 6
AND 7) OF ATTACHMENT C. THOSE FEES SHALL REMAIN THE SAME AS
CURRENT FEES. (50:36)
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DEVELOPMENT SERVICES - PLANNING FEES
Public comment opened: 2:32 p.m.
Public comment closed: 2:40 p.m.
MICHAEL EVANS ADDRESSED THE BOARD
MOTION:I MOVE TO APPROVE THE FEES AS RECOMMENDED.
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VOTE: 1 N 2 N 3 Y 4 N 5 Y (MOTION FAILED TO CARRY 2-3)
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES ANSWERED QUESTIONS
FROM THE BOARD, AND THERE WAS ADDITIONAL BOARD DISCUSSION.
MOTION:I MOVE TO APPROVE THE FEES AS RECOMMENDED.
M 2
VOTE: 1 N 2 N 3 Y 4 Y 5 Y (MOTION CARRIED 3-2)
FIRE FEES
Public comment opened: 2:46 p.m.
Public comment closed: 2:46 p.m.
MOTION:I MOVE TO APPROVE THE FEES AS RECOMMENDED.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (MOTION CARRIED UNANIMOUSLY)
RECESS:3:00 P.M.
RECONVENE: 3:09 P.M.
PUBLIC HEALTH FEES
PHYLLIS MURDOCK, DIRECTOR OF PUBLIC HEALTH AND BRAD BANNER,
DIRECTOR OF ENVIRONMENTAL HEALTH.
Public comment opened: 3:15 p.m.
Public comment closed: 3:31 p.m.
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0911-014 (Continued)
JACK BIGGS ADDRESSED THE BOARD.
MOTION:I MOVE TO APPROVE THE FEES AS RECOMMENDED WITH THE EXCEPTION OF
THE SEPTIC TANK DESTRUCTION FEE WHICH WILL REMAIN AT THE CURRENT
LEVEL AND WITH THE EXCEPTION OF THE BUILDING CLEARANCE FEE WHICH
WILL BE DISCUSSED LATER IN THIS MEETING. (1:49:38)
2 M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED 4-1)
PUBLIC WORKS FEES
Public comment opened: 3:35 p.m.
Public comment closed: 3:37 p.m.
D.C. JONES ADDRESSED THE BOARD
MOTION:I MOVE TO APPROVE THE FEES AS RECOMMENDED. (1:55:03)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PUBLIC HEALTH - BUILDING CLEARANCE FEE
CHUCK THISTLEWAITE, PLANNING MANAGER ANSWERED QUESTIONS FROM THE
BOARD.
Public comment opened: 3:45 p.m.
Public comment closed: 3:46 p.m.
MOTION:I MOVE TO APPROVE THE BUILDING CLEARANCE FEE AS PROPOSED.
(1:55:43)
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_
THE PUBLIC HEARING FOR THIS ENTIRE ITEM WAS OPENED AT 1:45 P.M.
AND WAS CLOSED AT 3:48 P.M.
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UTTEOUNTY OARD OF UPERVISORS INUTESAY
0911-014 (Continued)
MOTION:I MOVE TO ADOPT RESOLUTION WHICH WILL: 1) AMEND RESOLUTION 09-045
BY RESCINDING THE CHANGES TO FEES FOR SERVICES PROVIDED BY THE
ASSESSOR, DEVELOPMENT SERVICES, FIRE, THE ENVIRONMENTAL HEALTH
DIVISION, AND PUBLIC WORKS AND ADOPTING AMENDED FEES AS DISCUSSED
TODAY (AS SHOWN ABOVE); AND 2) CORRECT THE PUBLIC GUARDIAN/PUBLIC
ADMINISTRATOR HOURLY RATE FOR SERVICES TO REFLECT THE AMOUNT
AUTHORIZED BY THE SUPERIOR COURT OF CALIFORNIA AND DOG LICENSE
FEES FOR SPAYED/NEUTERED DOG TO MEET THE REQUIREMENTS OF THE
CALIFORNIA FOOD AND AGRICULTURAL CODE.
M2
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0911-015Public Hearing - Amendments to the Neal Road Sanitary Landfill
Gate Fees - consideration of gate fee adjustments as detailed in
the agenda report for certain fees at the Neal Road Sanitary
Landfill -action requested - ADOPT RESOLUTION 09-083 AMENDING THE
NEAL ROAD SANITARY LANDFILL GATE FEES IN THE MASTER FEE SCHEDULE
AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS AND BILL MANNEL, SOLID WASTE
MANAGER PROVIDED A REPORT TO THE BOARD. (2:18:53)
PUBLIC HEARING OPENED:4:15 P.M.
PUBLIC HEARING CLOSED:4:15 P.M.
MOTION:I MOVE TO ADOPT RESOLUTION AMENDING THE NEAL ROAD SANITARY
LANDFILL GATE FEES IN THE MASTER FEE SCHEDULE AND AUTHORIZE THE
CHAIR TO SIGN.
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VOTE:1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
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UBLICOMMENT
0911-016NANCY LEEK AND ANN ELLIOT ADDRESSED THE BOARD REGARDING THE
LIBRARY BUDGET.
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:
A
THERE BEING NO FURTHER BUSINESS BEFORE
DJOURNMENT
THE BOARD, THE MEETING WAS ADJOURNED
AT 4:45 P.M., TO RECONVENE AT A
SPECIAL MEETING OF THE BOARD TO BE
HELD TUESDAY, MAY 12, 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:____________________________
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