HomeMy WebLinkAboutM051110BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
MAY 11, 2010
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County Supervisors
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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 -MAY 11 , 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.
CHAIR CONNELLY DEDICATED THE MOMENT OF SILENCE TO ALICE M. MORTON
WHO WAS AN ADVOCATE FOR THE BUTTE COUNTY LIBRARIES.
1013-001 CORRECTIONS AND~OR CHANGES TO THE AGENDA. (NOne)
1. Resolution Supporting the California Jobs Initiative -
consideration of a resolution related to the ballot measure
submitted in December 2009 to the California Attorney
General. The measure would temporarily suspend the
implementation of Assembly Bill 32 (AB 32) which requires a
reduction of statewide greenhouse gas emissions. The
proposed suspension would last until California's
unemployment rate drops below 5.5o for four consecutive
quarters - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (Chair Connelly)(Board of Supervisors)
SUPERVISOR KIRK REQUESTED THAT THIS ITEM BE REMOVED FOR DISCUSSION
ON THE REGULAR AGENDA.
CONSENT AGENDA
1013-002 1. Skyway House - amendment - Skyway House provides multifaceted
social model drug and alcohol treatment programs. This
amendment increases the number of Residential, Day Care and
Alcohol and Drug Free Housing (ADFH) services available for
Drug Court clients and increases the maximum amount payable
by $78,455.51. (department budget utilizing Federal Perinatal
funds and Drug Court grants) - action requested - APPROVE THE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Behavioral Health)
PAGE 1 MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
2. NetSmart Technolocies, Inc. (formerly NetSmart New York,
Inc. - amendment - NetSmart Technologies provides the
Electronic Medical Record (EMR) software utilized by the
department. This maintenance amendment adds fifty additional
cache licenses which will provide additional concurrent
connections to the Avatar system and will provide for
additional hours for the annual maintenance and support of
the EMR. The amendment increases the maximum amount payable
by $139,377.16 (department budget). The amendment also
reflects the legal name change of the company to NetSmart
Technologies - action requested - APPROVE THE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral
Health)
3. Resolution Recoanizina May 2010 as Older Americans Month in
Butte Countv - action requested - ADOPT RESOLUTION NO. 10-068
AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Kirk)(Board of
Supervisors)
4. Resolution Supportincf Sutter Butte Flood Control Acrency
(SBFCA) Benefit Assessment District to Improve Feather River
Levees - Butte County is a member of the SBFCA created in
2007 to finance and construct levee improvements in the
Sutter Basin. The SBFCA has identified deficiencies in the
44 miles of Feather River levees, on the west bank, between
the Thermalito Afterbay and the confluence with the
Sacramento River. FEMA and the State Department of Water
Resources (DWR) have identified the Sutter Basin as a flood
plain. FEMA flood plains have mandatory insurance
requirements and the DWR regulations will prohibit
development in 2015 unless significant progress is made to
improve the levee system. The proposed Assessment District
will raise approximately 290 of the estimated $250 million
project cost with the balance coming from the State -action
requested - ADOPT RESOLUTION NO. 10-070 AND AUTHORIZE THE
CHAIR TO SIGN. (Supervisor Lambert)(Board of Supervisors)
5. Appointment to Butte Countv Fish and Game Commission -action
requested - APPOINT ANDY WOOD TO FILL A VACANT TERM TO END
JANUARY 3, 2011. (Supervisor Kirk)(Board of Supervisors)
6. Reappointment to Kimshew Cemetery District - action
requested - REAPPOINT TRUSTEE NIGEL PARKHURST TO A TERM TO
END JULY 1, 2014. (Supervisor Yamaguchi)(Board of
Supervisors)
7. Approval of Minutes - action requested - APPROVE MINUTES OF
APRIL 7, 2010; APRIL 13, 2010; APRIL 20, 2010; AND APRIL 27,
2010. (Chief Administrative Office)
PAGE 2
MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
8. Resolution Approving Application for the Fiscal Year 2010
Homeland Security Grant Program - approval is requested for
the submission of an application to the Office of Homeland
Security for grant funds to enhance prevention, preparedness,
response and recovery capabilities from threats and incidents
of terrorism and all hazards natural or manmade - AUTHORIZE
EMERGENCY SERVICES OFFICER TO APPLY FOR THE GRANT AND
AUTHORIZE CHIEF ADMINISTRATIVE OFFICER AND/OR EMERGENCY
SERVICES OFFICER TO SIGN GRANT DOCUMENTS; APPROVE RESOLUTION
NO. 10-071 AND AUTHORIZE CHAIR TO SIGN. (Chief Administrative
Office)
9. Approval to Submit Project Under Reauthorization of the Water
Resources Development Act (WRDA) - The United States Senate
Environment and Public Works Committee issued a call for
projects for the reauthorization of the WRDA. The Butte Basin
3B's Overflow Structure Project, which focuses on one of the
primary areas for flow diversion from the Sacramento River
into the Butte Basin, has been identified as eligible for
WRDA funding. This project was submitted to Senator
Feinstein's Office on May 4, 2010 to meet her Office's
deadline for submittals - action requested - RATIFY THE
SUBMITTAL OF THE PROJECT; AND APPROVE LETTERS SUPPORTING THE
INCLUSION OF THE BUTTE BASIN 3B'S PROJECT IN LEGISLATION
REAUTHORIZING THE WRDA AND AUTHORIZE THE CHAIR TO SIGN.
(Chief Administrative Office)
10. Resolution Recocrnizincr Scott Rutherford Upon His Retirement
From Butte Countv - action requested - ADOPT RESOLUTION NO.
10-072 AND AUTHORIZE THE CHAIR TO SIGN. (Development
Services)
11. Application for Inclusion - Butte Countv Land Conservation
(Williamson) Act - request by David Martin to amend the
Williamson Act contract on his property (APN 072-320-031-
032)to reflect minor changes in boundary lines pursuant to
approved Lot Line Adjustment LLA09-0006. On November 16,
2009 the Butte County Land Conservation (Williamson) Act
Advisory Committee unanimously recommended the Board of
Supervisors approve this contract amendment - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Development Services)
PAGE 3 MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
12. Youth for Change (YFC) - agreement with YFC for comprehensive
collaborative treatment and support services related to the
Communities Accessing Responsive Services (CARS) program.
The goal of the program is to assist local families to
prevent future involvement in the child welfare system and
to reduce the number of children in Foster Care. The term of
the agreement is April 1, 2010 through June 30, 2010 with a
maximum payable of $30,000 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Employment and Social Services)
13. Northern valley Catholic and Social Services (NVCSSI -
amendment to the agreement with NVCSS for services related
to Cal Learn Program Case Management. The amendment extends
the term of the agreement through June 30, 2010 and
increases the maximum amount payable by $50,000 (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)
14. Butte County Department of Behavioral Health (BCDBH) -
amendment to the agreement with BCDBH for alcohol and other
drug, mental health, substance abuse, and domestic services
for CalWORKS participants. The amendment increases the
maximum amount payable by $106,884 (utilizing MHSA funds) and
provides for an additional payment of $100,000 to the BCDBH
if CalWORKS funds are available at the end of the fiscal
year. There is no impact to the General Fund - 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 ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT. (Employment and Social Services)
15. Northern California Youth and Family Programs - amendment
to the agreement with Northern California Youth and Family
Programs for services related to the Independent Living
Program. The amendment increases the maximum amount payable
by $28,000 (utilizing Child Welfare Services Outcome
Improvement program grant funds)- action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Employment and Social Services)
16. Approval of Donation - approval is requested for the
donation of up to ten surplus computers to the Oroville
Police Department - action requested - APPROVE DONATION.
(General Services)
PAGE 4
MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
17. Resolution to Amend the Salary Ordinance - approval is
requested to add the following classifications to the Section
F Management, Confidential and Supervisory Unit and Section
C, General Unit of the Salary Ordinance respectively: Program
Manager, Animal Control and Animal Control Officer, Senior.
The new classifications were agreed to by both the Human
Resources Department and applicable employee associations.
The department has prepared a resolution which will amend the
salary ordinance as follows:
PUBLIC HEALTH - requests to add one position of Program
Manager, Animal Control and delete one position of
Supervisor, Animal Control. This change will more closely
reflect the duties and level of supervision required for the
position. The department has salary and benefit savings to
cover the additional cost for this fiscal year. The increase
in salary and benefits has been included in the proposed
budget for FY 10/11 in anticipation of this change. These
changes will leave the total allocations in the department
unchanged at 162.3.
PROBATION - requests to add the following sunset positions
to end June 30, 2011: Two positions of Probation Officer
III/II/I and one position of Legal Office Specialist. The
department also requests to extend one sunset position of
Probation Officer III/II/I to end June 30, 2011. The
department has received an award from CalEMA for Evidence
Based Probation Supervision Recovery Act Program which
includes funding for the three (3) new positions. The funds
that will support the Legal Office Specialist position are
available immediately while the funds for the Probation
Officer positions will be available on July 1, 2010. These
changes will increase the total allocations in budget unit
430-001 from 90 to 93 and increase the total allocations in
the department to 97.
EMPLOYMENT AND SOCIAL SERVICES - requests to move the
following positions between budget units as detailed in the
agenda report: Staff Development Officer-Social Services;
Employment and Eligibility Training Officer; Employment and
Eligibility Program Specialist; and Social Worker,
Senior/Social Worker/Social Worker, Associate. All of these
changes are due to a department wide reorganization and are
reflected in the department's proposed FY 10/11 budget.
Theses changes will decrease the total allocations in budget
unit 570-001 from 154 to 152; increase the total allocations
in budget unit 570-004 from 111 to 113; leave the allocations
in budget unit 570-003 unchanged at 229; and leave the total
allocations in the department unchanged at 560.4.
PAGE 5 MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
CLERK-RECORDER - requests to add the following: two
positions of Manager, Clerk-Recorder/Elections and three
positions of Project Manager, Clerk-Recorder/Elections.
These changes are the first step in a department
restructuring that began during the FY 09/10 budget cycle.
The restructuring includes the eventual elimination of one
(1) Deputy Clerk-Recorder III position, two (2) Supervisor,
Clerk-Recorder positions and one (1) Deputy Clerk-Registrar
III position. There are no budgetary impacts for these
changes as it is accounted for in the current and future
department budgets. Initially these changes will increase the
total allocations in budget unit 130-001 from 8.55 to 10.55,
budget unit 470-001 from 14.45 to 17.45 and increase the
total allocations in the department from 23 to 28 until
August 1, 2010 when the department restructuring is complete.
At that time there will be no net change in position
allocations for the department - action requested - ADOPT
RESOLUTION NO. 10-073 AND AUTHORIZE THE CHAIR TO SIGN. (Human
Resources)
18. Library Donations - The Library has received the following
donations for books: $600 from the Oroville Friends of the
Library; $200 from Maudie Penney; and $1,200 from the
Paradise Friends of the Library - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. (Library)
19. California Emeraency Management Aaency Grant - approval is
requested to accept and appropriate
$363,534 in grant funds to implement the Evidence Based
Probation Supervision Recovery Program. The funds will be
used to add two Probation Officers and one Legal Office
Specialist position. Approval is also requested for an
agreement with Allvest Information Services for a software
and training program, including integration costs with
Probation's current case management system - action
requested - 1) APPROVE BUDGET ADJUSTMENT (4/5 vote be
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT; and 2) APPROVE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Probation)
PAGE 6 MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
20. NorCal Emercrency Medical Services (EMS) - agreement with
NorCal EMS to transfer title and ownership of two repeaters.
Butte County will be responsible for maintenance, operation
and/or replacement of the repeaters. Public Health agreed to
assume ownership to ensure there would be no disruption in
the EMS communication system for Butte County. This radio
system is vital to the safety of county residents and is the
link between the hospitals and EMS crews in the Butte County
area - action requested - APPROVE THE AGREEMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Public Health)
21. City of Oroville - agreement with the City of Oroville for
signal maintenance services on traffic signals owned by the
County. The County will reimburse the City for actual cost
of the maintenance - action requested - APPROVE THE AGREEMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works)
22. Waste Tire Products - amendment to the agreement with Waste
Tire Products which provides electronic material recycling
for the Neal Road Recycling & Waste Facility. The amendment
extends the contract through December 31, 2010 and increases
the maximum amount payable by $10,000 (department budget
utilizing the Neal Road Recycling & Waste Facility Enterprise
Fund) - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
THE AUDITOR-CONTROLLER. (Public Works)
23. Manzanita School District - Expansion of Property - The
Manzanita School District is proposing to expand its property
on the northeast corner of East Evans Reimer Road and Larkin
Road by purchasing approximately 7.1 areas to the north. The
General Plan and zoning designations will be changed or
modified to be consistent for all the Manzanita School
property in conjunction with the current Butte County General
Plan 2030 and zoning ordinance update process currently
underway. Since the proposed parcel will be placed under the
same zoning and General Plan designation as the adjoining
Manzanita School District property, it is requested the
Board of Supervisors find that the filing of a Parcel Map is
not required for this conveyance of property - - action
requested - PURSUANT TO GOVERNMENT CODE 66428(A)(2), FIND
THAT PUBLIC POLICY DOES NOT NECESSITATE THE FILING OF A
PARCEL MAP.(Public Works)
PAGE 7 MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
24. Fixed Asset Purchase - approval is requested to purchase a
point of sale and a data management system with related
computer hardware for the Neal Road Recycling and Waste
Facility. The cost of the system is $46,034.15 and the
supporting computer hardware is an additional $14,000
(department budget) - action requested - APPROVE FIXED ASSET
PURCHASE.(Public Works)
25. 2009/2010 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 NO. 10-074 AND
AUTHORIZE THE CHAIR TO SIGN.(Public Works)
26. Resolution Recognizing Mav 9 - 15, 2010 as Police Week and
Mav 15 as Peace Officer's Memorial Day - action requested -
ADOPT RESOLUTION NO. 10-075 AND AUTHORIZE THE CHAIR TO SIGN.
(Sheriff-Coroner)
27. Accept Donations - donations of a 1988 Chevrolet C-30 Flatbed
and a 1966 Wilson Custom 7X10-FE Cargo Trailer have been
received from the 1033 Military Surplus Program to be used
by the department to haul all-terrain vehicles for marijuana
patrols and general hauling as needed - action requested -
ACCEPT DONATIONS.(Sheriff-Coroner)
28. Annual Statement of Investment Policy - 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, 2010 - action
requested - PURSUANT TO GOVERNMENT CODE SECTIONS 27133 AND
53601, APPROVE ANNUAL STATEMENT OF INVESTMENT POLICY.
(Treasurer/Tax Collector)
29. Monthly Investment Report - submitted is the Monthly
Investment Report dated March 31, 2010, in accordance with
the Statement of Investment Policy dated July 1, 2009 -
action requested - ACCEPT FOR INFORMATION.(Treasurer/Tax
Collector)
PAGE 8 MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
30. Introduction of an Ordinance Amending Butte Countv Code
Section 2-166 Delegating Investment Authority to the Butte
Countv Treasurer-Tax Collector - consideration of an
ordinance which will delegate investment authority to the
Treasurer-Tax Collector for Fiscal Year 2010/2011. This
ordinance will replace No. 4005 which expires June 30, 2010 -
action requested - WAIVE READING OF ORDINANCE. (Treasurer/Tax
Collector)
31. Columbia Ultimate Business Systems, Inc. - amendment to the
agreement with Columbia Ultimate Business Systems, Inc. for
technical assistance and licensing for the collector software
systems. The amendment extends the term of the agreement
through June 30, 2011 and increases the maximum amount
payable by $22,654 (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract X10316)(Treasurer/Tax Collector)
32. Rebort on Paradise Irrigation District Water Rights Permit
Extension - The Paradise Irrigation District is currently in
the process of making a request to the State Water Resources
Control Board for an extension of their water rights permits .
The department has submitted a report regarding this
extension - action requested - ACCEPT FOR INFORMATION. (Water
and Resource Conservation)
33. Fixed Asset Purchase - approval is requested for the purchase
of a stream monitoring instrument which will be used to
collect data for the Lower Tuscan Aquifer Monitoring,
Recharge and Data Management Project. The cost of the
monitoring instrument will not exceed $25,000 (utilizing
Proposition 50 funds) - action requested - APPROVE FIXED
ASSET PURCHASE; AND APPROVED RELATED BUDGET ADJUSTMENT.
(Water and Resource Conservation)
34. Reappointment to Gridley-Biq_as Cemetery District -action
requested - REAPPOINT JOSEPH P. HUGHES AS TRUSTEE TO A TERM
TO END MAY 1, 2014.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM
3.04 WHICH WAS REMOVED FOR DISCUSSION ON THE REGULAR AGENDA.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 9
MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA.
1. Resolution Recoanizina Mav 2010 as Older Americans Month in
Butte Countv - JOSEPH COBBERY, THE EXECUTIVE DIRECTOR OF
PASSAGES AREA AGENCY ON AGING ACCEPTED THE RESOLUTION.
2. Resolution Recocrnizincr Scott Rutherford Upon His Retirement
From Butte Countv - SCOTT RUTHERFORD ACCEPT THE RESOLUTION.
3. Resolution Recoanizina Mav 9 - 15, 2010 as Police Week and
Mav 15 as Peace Officer's Memorial Day - SHERIFF SMITH
ADDRESSED THE BOARD.
REGULAR AGENDA
1013-003 Boards, Commissions and Committees.
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports.
SUPERVISOR DOLAN DISCUSSED THE REPORT THAT CALFIRE CHIEF MORRIS
PROVIDED TO ALL BOARD MEMBERS AT THE REQUEST OF THE AD HOC FIRE
COMMITTEE.
SUPERVISOR YAMAGUCHI REPORTED THE UNITED STATES FOREST SERVICE
DENIED BUTTE COUNTY'S APPEAL OF THE TRAVEL MANAGEMENT PLAN ON US
FOREST SERVICE LANDS.
CHAIR CONNELLY REPORTED ON A MEETING OF OROVILLE RECREATIONAL AREA
COMMITTEE (ORAC) THAT TOOK PLACE ON FRIDAY, MAY 7, 2010.
SUPERVISOR LAMBERT REPORTED ON COMMUNITY MEETINGS IN THE BIGGS
GRIDLEY AREAS REGARDING THE ASSESSMENTS FOR FLOOD CONTROL.
PAGE 10
MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
PUBLIC HEARINGS AND TIMED ITEMS
1013-004 Public Hearing - Palermo Wastewater Study - In 2008, the County
applied for and received $70,000 from the Community Development
Block Grant (CDBG) General Allocation Planning and Technical
Assistance Program to complete a wastewater study for the Palermo
area. The purpose of the Planning and Technical Assistance study,
which was completed by Lumos & Associates, was to address
alternatives for wastewater collection and treatment for the
Palermo community, analyzing the feasibility and cost of each
alternative - action requested - ACCEPT THE PALERMO WASTEWATER
STUDY AND PRELIMINARY ENGINEERING REPORT FOR INFORMATION. (Chief
Administrative Office)
PRESENTATION BY JENNIFER MACARTHY, MANAGER OF PROGRAM DEVELOPMENT.
WES GILBERT FROM LUMOS AND ASSOCIATES PROVIDED A REPORT (37:47)
PUBLIC HEARING OPENED: 9:55 A.M.
PUBLIC HEARING CLOSED: 9:57 A.M.
MOTION: I MOVE TO ACCEPT THE PALERMO WASTEWATER STUDY AND PRELIMINARY
ENGINEERING REPORT FOR INFORMATION.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1013-005 Public Hearing - General Plan Amendment (GPA06-0005) and Rezone
(REZ06-0005) - consideration of a request from Jeff Ashlock for a
GPA and REZ on APNs 078-090-043 and 078-090-044. The GPA would
change the Butte County General Plan land use designation from
Industrial (I) to Low Density Residential (LDR), High Density
Residential (HDR), and Commercial (C). The REZ would change the
zoning designation from Light Industrial (M-1) to Residential (R-1
and R-4) and Community-Commercial (C-C) The project is located
on the southeast corner of Ophir Road and Lincoln Boulevard, south
and east of the City of Oroville. The Planning Commission
recommended approval of the GPA and REZ at their April 22, 2010
meeting - action requested - ADOPT RESOLUTION NO. 10-076 ADOPTING
THE MITIGATED NEGATIVE DECLARATION WITH FINDINGS AND APPROVING
GPA06-0005; AND ADOPT ORDINANCE NO. 4021 APPROVING REZONE.
(Department of Development Services)
PRESENTATION BY PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT
SERVICES.
PAGE ll MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MAY 11 , 2010
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: JEFF
ASHLOCK, GEORGE MENAS, ERIC ROBERT S, AND JAMES GILES.
PUBLIC HEARING OPENED: 10:20 A.M.
PUBLIC HEARING CLOSED: 10:29 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION ADOPTING THE MITIGATED NEGATIVE
DECLARATION WITH FINDINGS AND APPROVING GPA06-0005; AND ADOPT
ORDINANCE APPROVING REZONE.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1013-006 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer.
SCOTT TANDY, INTERIM CHIEF ADMINISTRATIVE OFFICER (CAO) PROVIDED
A REPORT TO THE BOARD. HE PROVIDED AN UPDATE ON THE STATE BUDGET.
MR. TANDY PROVIDED INFORMATION ON TWO STATE BILLS (SB) SB 94
(PRICE) AND SB 1174 (WOLK).
THE BOARD DIRECTED THE CAO TO DRAFT THE FOLLOWING TWO LETTERS: 1)
A LETTER OF SUPPORT FOR STATE BILL (SB) 994 WHICH WOULD HOLD THE
STATE RESPONSIBLE FOR THE COST OF ELECTIONS HELD TO FILL VACANCIES
IN CONGRESS AND THE CALIFORNIA LEGISLATURE; AND 2) A LETTER TO
OPPOSE SB 1174 WHICH IS A MANDATE TO MITIGATE DISADVANTAGED
UNINCORPORATED COMMUNITIES.
1013-007 Update of General Plan 2030 Process by Director-Development
C,. r.=, ,.,.r
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PROVIDED
A REPORT TO THE BOARD.
1013-008 Update Regarding Upcoming Butte County Code Amendments by
Director-Development Services.
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED
A REPORT TO THE BOARD.
SUPERVISOR KIRK AND SUPERVISOR YAMAGUCHI REQUESTED TO ADD CONCERNS
OF THE USE OF WINDMILLS IN RESIDENTIAL NEIGHBORHOODS.
PAGE 12 MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
1013-009 Update on the Capital Improvement Program (CIP) - The CIP is a
plan for the County's infrastructure needs over the next ten years
and is based on current revenue projections. - action
requested - APPROVE THE PROPOSED CAPITAL IMPROVEMENT PROGRAM
(Chief Administrative Office)
SCOTT TANDY, INTERIM CHIEF ADMINISTRATIVE OFFICER PROVIDED A
REPORT TO THE BOARD.
GREGORY G. ITURRIA, CHIEF FINANCIAL OFFICER; DAN BLAIR, PRINCIPAL
MANAGEMENT ANALYST; AND MIKE CRUMP, DIRECTOR OF PUBLIC WORKS,
PROVIDED A REPORT TO THE BOARD.
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS ADDRESSED THE BOARD
CANDACE GRUBBS, CLERK-RECORDER/REGISTRAR OF ELECTIONS ADDRESSED
THE BOARD.
RICH HALL, DIRECTOR OF GENERAL SERVICES ANSWERED QUESTIONS FROM
THE BOARD
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: LUCY
SPERLIN, DALE WANGBERG, AND NANCY BROWER.
MIKE RAMSEY, DISTRICT ATTORNEY ADDRESSED THE BOARD.
THE BOARD DIRECTED AN ITEM RETURN ON THE MAY 25, 2010 TO DISCUSS
THE OPTION OF ESTABLISHING A BOARD SUBCOMMITTEE TO WORK
EXCLUSIVELY ON THE HALL OF RECORDS PROJECT.
MOTION: I MOVE TO APPROVE THE PROPOSED CAPITAL IMPROVEMENT PROGRAM.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 13
MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
10 13 -0 10 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. Resolution Supporting the California Jobs Initiative -
consideration of a resolution related to the ballot measure
submitted in December 2009 to the California Attorney
General. The measure would temporarily suspend the
implementation of Assembly Bill 32 (AB 32) which requires a
reduction of statewide greenhouse gas emissions. The
proposed suspension would last until California's
unemployment rate drops below 5.5o for four consecutive
quarters - action requested - ADOPT RESOLUTION NO. 10-069
AND AUTHORIZE THE CHAIR TO SIGN. (Chair Connelly)(Board of
Supervisors)
SUPERVISOR KIRK REQUESTED THAT THIS ITEM BE REMOVED FOR DISCUSSION
ON THE REGULAR AGENDA.
MOTION: I MOVE TO ADOPT RESOLUTION WITH AN AMENDMENT TO CHANGE THE
REFERENCE ON PAGE 2 OF THE RESOLUTION TO THE UNEMPLOYMENT RATE TO
SHOW: ......"UNTIL CALIFORNIA'S UNEMPLOYMENT RATE DROPS TO
REASONABLE HISTORICAL LEVELS" INSTEAD OF USING THE 5.5o FIGURE.
2 M
VOTE: 1 Y 2 N 3 AB 4 Y 5 Y (MOTION CARRIED 3-1; SUPERVISOR KIRK
ABSTAINED)
PUBLIC COMMENT
WILLIAM FAIRSE ADDRESSED THE BOARD.
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.
RECESS
Recessed at 12:45 p.m. as the Butte County Board of Supervisors
and Convene as the In-Home Supportive Services Public Authority
Board.
PAGE 14
MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
BUTTE COUNTY
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MTATiTTL~ c
MAY 11 , 2 010
Called to order at 12:45 p.m. in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Members
present: Dolan, Kirk, Lambert, Yamaguchi and Chair Connelly.
Also present: Assistant Clerk, Kathleen Moghannam.
CONSENT AGENDA ITEMS (None)
PUBLIC COMMENT (None)
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 is
prohibited from taking action on any item not listed on the
agenda.
CLOSED SESSION
1004-001 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: CATHI GRAMS/JAN CHRISTOFFERSON
JACK HUGHES
EMPLOYEE ORGANIZATION: CUHW (NO ANNOUNCEMENTS)
THIS CLOSED SESSION ITEM WAS HEARD CONTEMPORANEOUSLY WITH THE BUTTE
COUNTY BOARD OF SUPERVISORS.
ADJOURNMENT
Adjourned at 3:50 p.m. as the Butte County In-Home Supportive
Services Public Authority Board and reconvened as the Butte County
Board of Supervisors.
PAGE 15
MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
CLOSED SESSION
1013-011 THE BOARD RECESSED AT 12:45 P.M. TO CLOSED SESSION REGARDING:
CONFERENCE 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 AND UPDATE
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54956.8:
PROPERTY: APN 040-140-087
AGENCY NEGOTIATOR: GRANT HUNSICKER
NEGOTIATING PARTY: DEAN GASKEY
NEGOTIATIONS: PRICE AND TERMS OF ACQUISITION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES AND JAN CHRISTOFFERSON
EMPLOYEE ORGANIZATION: BCEA, BCMEA, £~, DSA -
MANAGEMENT/SUPERVISORY UNIT, DSA -
GENERAL UNIT, BCCOA - SUPERVISORY
UNIT, BCCOA - GENERAL UNIT, PPOA, AND
PEA.
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) TWO CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. DRY CREEK COALITION v. NORTH CONTINENT LAND AND TIMBER, ET
AL; BUTTE COUNTY SUPERIOR COURT CASE N0.144532.
INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC. 54956 (c) ONE
POTENTIAL CASE
THIS CLOSED SESSION ITEM WAS HEARD CONTEMPORANEOUSLY WITH THE
IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD CLOSED
SESSION ITEM.
PAGE 16
MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
THE BOARD RECONVENED AT 3:50 P.M. FROM CLOSED SESSION REGARDING:
CONFERENCE 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 AND UPDATE
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT
CODE SECTION 54956.8:
PROPERTY: APN 040-140-087
AGENCY NEGOTIATOR: GRANT HUNSICKER
NEGOTIATING PARTY: DEAN GASKEY
NEGOTIATIONS: PRICE AND TERMS OF ACQUISITION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES AND JAN CHRISTOFFERSON
EMPLOYEE ORGANIZATION: BCEA, BCMEA, , DSA -
MANAGEMENT/SUPERVISORY UNIT, DSA -
GENERAL UNIT, BCCOA - SUPERVISORY
UNIT, BCCOA - GENERAL UNIT, PPOA, AND
PEA.
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) TWO CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. DRY CREEK COALITION v. NORTH CONTINENT LAND AND TIMBER, ET
AL; BUTTE COUNTY SUPERIOR COURT CASE N0.144532.
INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC. 54956 (c) ONE
POTENTIAL CASE (No Announcements)
PAGE 17 MAY 11, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 11 , 2010
P,DJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE
THE BOARD, THE MEETING WAS ADJOURNED
AT 3:50 p.m., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, MAY 25, 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 18
MAY 11, 2010