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HomeMy WebLinkAboutM052207BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 22, 2007 Called to order at 9:15 a.m. in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Connelly, Josiassen, Yamaguchi, Kirk and Chair Dolan. Also present: Paul McIntosh, Chief Administrative Officer, Bruce Alpert, County Counsel and Kathleen Moghannam, Associate Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. CORRECTIONS AND/OR CHANGES TO THE AGENDA. (NONE) O7 1O- ~ O 1 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 1. Approval of Minutes - action requested - APPROVE MINUTES OF April 10, 2007 and May 8, 2007. (Clerk of the Board) SUPERVISOR KIRK PULLED THIS ITEM FOR DISCUSSION. 2. Approval of Revised Resolution for Sacramento Valley Integrated Regional Water Management Plan (Sac Valley IRWMP) - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (From 5-8-2007 [Item 4.01]) (Clerk of the Board) SUPERVISOR KIRK PULLED THIS ITEM FOR DISCUSSION. 3. Introduction of an Ordinance Amending Chapter 35 Protection of Agricultural Land of the Butte County Code - approval is requested for an ordinance that establishes an entirely new Chapter 35 to add additional Right to Farm disclosure requirements. The ordinance was brought to the Board on May 8, 2007 for discussion and Board directed that the ordinance return for adoption - action requested - WAIVE READING OF THE ORDINANCE. (County Counsel) RICHARD PRICE, THE AGRICULTURE COMMISSIONER, PULLED THIS ITEM FOR DISCUSSION. PncE I MAV 22, 2007 Bl~h~l~l'. C~UI'~~"1'l~ BU;~KI) (>F Sl Pl'.R~~ISORS I~'ll~~l~~l~l'.ti - M,~Y 22, 2007 4. Harold 'I'lromas - amendment - approval is requested for an amendment to the agreement with Harold Thomas which provides for payment of various expenses associated with his assignment to the District Attorney's Office to prosecute environmental. crimes. The California Department of Fish and Game pays Mr. Thomas' salary and benefit costs, and the County pays for mileage, training, and other business related expenses. The proposed amendment extends the term of the agreement to June 30, 2008 and increases the maximum amount payable by $12,000. All other terms and provisions z~emain the same. The funds for Mr. Thomas' expenses are from monetary settlements of environmental cases - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDI`fOR- CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Contract No. X15184) (District Attorney) SUPERVISOR CONNELLY PULLED THIS ITEM FOR DISCUSSION. 5. Recommendation of the Butte County Water Commission for Submittal of a Full Proposal Application to the CALFED Watershed Program - approval is requested for the submittal of a full proposal to the CALFED Watershed Program in cooperation with the Big Chico Creek Watershed Alliance for watershed modeling. Funding is anticipated from the CALFED Watershed Program which has $10 million for disbursement under their 2007 Proposal Solicitation Package (PSP) The PSP is a two step process. The first step required submittal of a concept proposal which was approved by the Board on March 13, 2007. The department was notified on May 1, 2007 that they have been invited to submit a full proposal which is due on June 1, 2007 - action requested - APPROVE SUBMITTAL OF FULL PROPOSAL AND AUTHORIZE CHAIR TO SIGN A LETTER OF INTENT; AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN APPROPRIATE APPLICATION DOCUMENTS. (Water and Resource Conservation) VICKIE NEWLIN, ASSISTANT DIRECTOR OF WATER AND RESOURCE CONSERVATION PULLED THIS ITEM FOR DISCUSSION. PnGH; 2 Mnv 22, 2007 B~ i r~~. ('~~~~~ ~~rv B~~:~izu ~~r Sni~~~:~z~ isoizs 11~1~~~ ~ri~a - Nl:~v 22, 2007 CONSENT AGENDA 0710-002 I. United States Department, of Agriculture, Animal and Plant Health Inspection Service, and Wildlife Services (APHIS-WS) - approval is requested for. a cooperative agreement with APHIS- WS for the provision of non-domestic animal control services for depredating wild anilrlals. The wildlife specialist addresses the problem of loss of livestock, wildlife rabies and prevention of property damage. The term of the agreement is July I, 2007 through June 30, 2008, with a maximum amount payable of $49,803 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN THE AGREEMENT. (Contract No. 14933) (Agriculture) 2. State of California, Department of Pesticide Regulation - approval is requested for a revenue agreement with the State of California, Department of Pesticide Regulation, for funds to provide electronic submittal of quarterly pesticide use report records to the State. The term of the agreement is July 1, 2007 through June 30, 2008, with a maximum amount payable to the County of $1.6,844 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN THE AGREEMENT. (Contract No. R40491) (Agriculture) 3. Northern Valley Catholic Social Services - approval is requested for a sole source agreement with Northern Valley Catholic Social Services for the provision of mental health services to children with full scope Medi-Cal who meet the criteria of medical necessity or children without Medi-Cal who have pre-authorization by Butte County. The term of the agreement is March 1, 2007 through June 30, 2007, with a maximum amount payable of $30,315.52 (department budget) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Behavioral Health) 4. Clean King by DeHart - amendment - approval is requested for an amendment to the sole source agreement with Clean King by DeHart for the provision of janitorial services for various department facilities. The amendment extends the term of the agreement through June 30, 2008, increases the maximum amount payable by $19,240 (proposed department budget) for the extended term, and revises the agreement's exhibits to reflect the changes. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X15647) (Behavioral Health) P:~cH:3 Mnv 22, 2007 B~~ r.ri~: C~~~ ~~r~~ I3c~:uu~ ~~E~ S~u~~~:~z~'~s<~ks IVti;~~u~r~~a - 1~1:~v 22, 2007 5. J & S Office Maintenance amendment - approval is requested for an amendment to the agreement with J & S Office Maintenance for the provision of janitorial services at various department facilities. The amendment extends the term of the agreement through June 30, 2008, increases the maximum amount payable by $8,700 (proposed department budget) for the extended term, and revises the agreement's exhibit to reflect the changes. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X15650)(Behavioral Health) 6. Cherokee Restoration Fellowship - amendment - approval is requested for an amendment to the agreement with Cherokee Restoration Fellowship for the provision of residential treatment services and Alcohol and Drug Free Housing for clients referred by Behavioral Health. The amendment decreases the maximum amount payable by $17,206.96 (department budget) and revises the agreement's exhibit to reflect the change. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16284) (Behavioral Health) 7. Substance Abuse and Crime Prevention Act (SACPA)/Proposition 36 Revenue - approval is requested to accept and appropriate $24,400 of unanticipated SACPA revenue. The Proposition 36 Program diverts nonviolent persons convicted of drug possession or drug use into treatment and supervision instead of incarceration - action requested - APPROVE BUDGET TRANSFER B-412 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT.(Behavioral Health) 8. Budget Transfer and r'ixed Asset Purchase - approval is requested for the purchase of a color copier to be used by the Community Services Division at a cost of $14,000 - action requested - APPROVE BUDGET TRANSFER B-413 ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE FOR A COLOR COPIER.(Behavioral Health) 9. Tulare County Superintendent of Schools/California Friday Night Live Partnership (CFNLP) - approval is requested for a revenue agreement with CFNLP for funds to participate in the Methamphetamine Prevention Initiative project. The project's goals are to raise community awareness of methamphetamine problems and to establish and strengthen collaboration among members, communities, partners, and local coalitions. The term of the agreement is April 15, 2007 through September 30, 2008. The unanticipated revenue for Fiscal Year 2006/2007 is $17,000 - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW P,~cF:4 Mnv 22, 2007 B~;.~..rH: ('~~~~~~~r~~ B~>:~~zu car S~~i~t~.EZVis~~ks I~Ii~~rrt~a - M;~~~ 22, 2007 BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B 414 ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPOR`T'. (Behavioral Health) 10. Butte County Health and Outcoi~le Indicators Report - acceptance of the Butte County Health and Outcome Indicators Report which is designed to show the health and condition of Butte County and its residents - action requested - ACCEPT FOR INFORMATION. (Chief Administrative Office) 11. CSU, Chico Research Foundation - amendment - approval is requested for an amendment to the agreement with CSU, Chico Research Foundation for mapping services for the Chico Urban Area Nitrate Compliance Program. The amendment extends the term of the agreement through June 30, 2008 and approves Exhibit B-4 which updates the Foundation's rates for service. No additional appropriation is needed - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No_X10964) (Chief Administrative Office) 12.. Introduction of An Ordinance Amending Butte County Code Sections 32A-5(a) and 32A-7 of Chapter 32A in Order to Recover Attorney's Fees Incurred by the County Through the Nuisance Abatement Program - approval is requested for an ordinance that will provide for recovery of attorney fees related to nuisance abatement activities. The amendments also include a minor revision adding a requirement to list the ordinance sections in the nuisance abatement hearing notice - action requested - WAIVE READING OF THE ORDINANCE. (Development Services) 13. Refugee Employment and Social Services (RESS) Grant - approval is requested to accept a special allocation of $64,959 from the Federal Fiscal Year 2005 RESS grant. Approval is also requested for amendments to the RESS Plan Agreements with Butte-Glenn Community College District, Thermalito Union School District, and Butte County Department of Public Health. Each amendment increases the maximum amount payable by $20,000. The terms of each agreement remain October 1, 2006 through September 30, 2007. The agreements are for the provision of services to the Hmong refugee population in Butte County. The remaining balance of $4,959 from the grant will be used for supportive services - action requested - APPROVE AGREEMENT AMENDMENTS (3) AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFERS B-416 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. (Contract Nos. X16404, X16425, X16411) (Employment and Social Services) P,u:F; S Mnv 22, 2007 Birr~ri~. C~~~ ~~~r~~ 13~~:~Kn o~~ S~:t~H:K~~~s~~HS Miti~~~~~rt~a - Nl:~ti~ 22, 2007 14. Department of Public Health - amendment - approval is requested for an amendment to the agreement with the Department of Public Health for the provision of alcohol and drug testing. The amendment increases the maximum amount payable for Fiscal Year 20062007 by $60,000 (department budget) and revises the agreement's exhibit to reflect the change. The term of the contract remains July 1, 2006 through June 30, 2009. All other terms and conditions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16303)(Employment and Social Services) I5. California Department of Forestry and Fire Protection - approval is requested for an agreement with the State of California for the provision of fire hazard inspections within Butte County. The term of the agreement is July 1, 2006 through June 30, 2007, with a maximum payable of $32, 185 (department budget). Approval is also requested for a resolution regarding the same agreement as required by the State - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT RESOLUTION NO. 07-092 AND AUTHORIZE THE CHAIR TO SIGN. (Fire) 16. Budget Transfer - approval is requested for a replacement of the existing Heating, Ventilation, and Air Conditioning (HVAC) controls and the Energy Management System (EMS). The HVAC for most County buildings are operated from the EMS. The system now suffers from the natural effects of aging and the debilities of outmoded technology. Replacement parts for the current system are difficult to impossible to obtain - action requested - APPROVE A BUDGET TRANSFER B-417 OF $113,605 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS FROM CONTINGENCIES AS DETAILED IN THE AGENDA REPORT FOR THE COST OF REPLACING THE EMS CONTROLS. (General Services) I7. Resolution Honoring a Butte County Employee for Dedicated Years of Service - presentation of award to Brian Anderson who has 30 years of service to the County of Butte - action requested - ADOPT RESOLUTION N0. 07-093 AND AUTHORIZE THE CHAIR TO SIGN; AND PRESENT AWARD TO BRIAN ANDERSON. (Human Resources) I':~cF: 6 Mnv 22, 2007 I3l!~I'"1'1': C~Ol!~~''1'Y BO:~KD OF SI~Pf.R~~ItiORS I~IINU'I'f~a - N1;~1' 22, 2007 18. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: PROBATION - the department requests to extend the end date from June 30, 2007 to June 30, 2008 for the following positions: 1) one position of Supervisor Probation Officer, 2) three positions of Probation Officer. 3) two positions of Probation Technician, 4) one position of Accountant. HUMAN RESOURCES the department requests to amend Section 62 of the Salary Ordinance to correct a typographical error in Board Resolution 07-076. The Child Support Department's request to delete one Legal. Secretary position and add one Child Support Specialist position should have amended Section 50, not Section 62 as written. SHERIFF - the department requests to delete one position of Pre-Trial Release Specialist (Class Code 6853) and adds one position of Pre-Trial Release, Supervisor. The reclassification is retroactive to March 3, 2007 - action requested - ADOPT RESOLUTION N0. 07-094 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 19. Library Donations - pursuant to Government Code Section 25355, donations of $125 from Ruthmarie Ferris, $1,362.32 from Paradise Friends of the Library, $100 from Maudie Penney, $500 from Energistics Consortium, Inc., $100 from Jeannot and Alexis Lorenz, $500 from Mooretown Rancheria, $300 from Beta Chapter of Omega Nu, $259.80 from an anonymous donor, $1449.80 from Oroville Friends of the Library, $427.98 from Chico Friends of the Library, $100 from Annette Ellis, $100 from Gold Country Casino, and $1,000 from Vera Burton- Siebert have been received for the purchase of books; $462.40 from Paradise Friends of the Library for operations; and $500 from Paradise Friends of the Library for the Literacy Program - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. (Library) 20. Budget Transfer - The estate of Mary Anne Houx included a bequest to the Chico Library in the amount of $lU,000. '1'he bequest is to be used for the enhancement of the children's reading room. The department has developed a spending plan to purchase children's furniture for $2,451, flame retardant drapes for $1,126, children's books for $6,123, and a memorial plaque for $300 - action requested - APPROVE BUDGET TRANSFER B-418 ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Library) 21. Rapidtext, Inc. - amendment - approval is requested for an amendment to the agreement with Rapidtext, Inc. for the provision of transcription services. The amendment extends the term of the agreement through June 30, 2008 and increases the maximum amount payable by $30,000 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X13973)(Probation) P:~GH: ~ Mnv 22, 2007 B~ i~ r~~. C~>~~ti~r~~ Bo,uii~ ~~~~ 5~~~~~~:~z~~is~~ks Mi~~~~~~~ri~a - M,~~~ 22, 2007 22. Michelle Miller amendment - approval is requested for an amendment to the sole source agreement with Michelle Miller for the provision of counseling services to juveniles in support of the Minor Adjustments Program. The amendment extends the term of the agreement to May 31, 2008 and increases the maximum amount payable by $57,584.32 (department budget.) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X16058) (Probation) 23. Accept Donation - the Public Health Department received a donation from Wal-Mart Store, Inc. in the amount of $200 that was designated for the purchase of prizes for the Community Baby Shower held April 28, 2007. The shower is a collaborative event with Enloe Medical. Center, Butte County Breastfeeding Support Center, and Growing Up Chico. Items purchased were safety and bath items, books, and toys - action requested - ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. (Public Health) 24. Medifax-EDI, LLC - amendment - approval is requested for an amendment to the agreement with Medifax-EDI, LLC for the provision of electronic billing services. The amendment extends the term of the agreement through June 30, 2008, with a maximum amount payable of $90,000 (department budget). All other terms and conditions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X11682)(Public Health) 25. Oroville Animal Health Center - amendment - approval is requested for an amendment to the agreement with the Oroville Animal Health Center for the provision of boarding, quarantine, and medical services to animals referred by the Butte County Animal Control Division. The amendment extends the term of the agreement through June 30, 2008 and increases the maximum amount payable by $24,999 (department budget). All other terms and conditions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X16029)(Public Health) 26. CSU, Chico Research Foundation, California State University, Chico - approval is requested for a grant agreement with the Foundation. The grant will allow Public Health Nurses and Public Health Assistants to attend education trainings and provide educational materials to individuals during home visits and community health promotion events. The goals of the grant are to promote healthy eating and exercise and to increase public participation in federal nutrition assistance programs among low-income residents served by Sierra Cascade Nutrition and Activity Consortium partnering agencies. The term of the agreement is October 1, 2006 through September 30, 2007, with a maximum payable to Butte County in the amount of $37,487 (department budget) - action requested - Paces; g Mnv 22, 2007 B~~~~~°rE~: COl!ti I~Y' E3o;uiu ~~r Sut~i~:K~~ isc~KS Miti~i,~r~~a - NI:~~' 22, 2007 APPROVE AGREEMEN'P AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health) 27. The California Endowment approval is requested fora grant agreement with The California Endowment to support an integrated and comprehensive community planning project to assess and determine the goals and objectives for improved public health response regarding the affects of methamphetamine in Butte County. The grant provides for the establishment of a Planning Advisory Group as a subset of the Butte County Methamphetamine Strike Force. The term of the agreement is May 1, 2.007 through April 30, 2008, with a grant amount of $150,000. The funds related to this grant will be allocated in the Fiscal Year 2007/2008 department budget - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER.(Public Health) 28. Resolution Recognizing the Week of May 23-28, 2007 as National Public Health Week - action requested - ADOPT RESOLUTION NO. 07-095 AND AUTHORIZE THE CHAIR TO SIGN. (Publ-ic Health) 29. Fixed Asset Purchases - approval is requested for the purchase of modular office furniture and fixtures in the amot.int of $10,000. The fixed assets are for the Solid Waste Division at the Neal Road Landfill - action requested - APPROVE FIXED ASSET PURCHASES OF MODULAR FURNITURE AND FIXTURES. (Public Works) 30. Letter in Support of Collaboration in Butte Creek Watershed Plan Implementation -- approval is requested for support for a letter to the Butte County Resource Conservation District (RCD). RCD and the Butte Creek Watershed Conservancy are partnering in an effort to implement watershed restoration projects described in the Butte Creek Watershed Management Strategy. Public Works can support RCD by providing a crew and equipment to help meet the local match of funds required by the program - action requested - The main points of SB 286 promote timely and efficient use of Proposition 1B funds - action requested - AUTHORIZE CHAIR TO SIGN LETTER OF SUPPORT.(Public Works) 31. Notice of Completion for Excavation of Module 4, Phase C at the Neal Road Sanitary Landfill - County Project No. 757- 5879 - Santillan Earthmo-~~er, Inc. has completed all of the contract work for Phase C, which consisted of excavating and grading native sandstones and hauling the excavated material to designated spoil area 27 -action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. (Public Works) p,,(;F; y Mnv 22, 2007 E3l"1'"1'f~: ~'01~1'1'Y BO~~RD OF SI;PI?R~'ISORS illyU'I'I?S - NI:~I~ 22, 2007 32. Resolution Honoring Mark D. Dasch upon hi_s retirement from the Department of Public Works after 18 years -action requested - ADOPT RESOLU'T'ION NO. 07-096 AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 33. Permission to Cross a One Foot No-Access Strip on Skyway - approval is requested by RHL Design Group, Inc., on behalf of Rite Aid to cross the Skyway one foot no access strip, at a different location than is shown on the southwest corner of lot 45, of the map of the Skyway Plaza which was recorded February 28, 1973, in Book 43 of Maps, pages 8-11 (APN 066- 310-011, 020 and 021). No driveway was constructed in the original access location. The new driveway location would be on lot 46 of said map. The primary purpose is to construct a driveway at a more suitable location which is further from the intersection of Skyway and Lakeridge Circle. The Department of Public Works has no objection to the request - action requested - APPROVE REQUEST TO CONSTRUCT NEW DRIVEWAY ACROSS THE ONE FOOT NO-ACCESS STRIP. (Public Works) 34. Butte County Sheriff's Office - Sheriff's Inmate Labor Program - approval is requested for 2 agreements between the Sheriff's Office and the Public Works Department. The Inmate Labor Program provides vital services in maintaining the county road right-of-way, cleaning up illegal dump sites, and providing assistance to the Solid Waste Division at the Neal Road Landfill with debris cleanup. Under this program, Public Works funds one Correctional Officer position who supervises an inmate crew of 10-15 inmates. Both of the agreements' (Roads Division and Solid Waste Division) renewal rates take into account an inflation factor for higher costs of fuel, maintenance, salaries and benefits and worker's compensation insurance (proposed 2007/2008 department budgets) - action requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.(Public Works) 35. Resolution to Set a Public Hearing Regarding the Intention to Rename a Private Road in Butte County - consideration of a resolution, in conformance with the California Street and Highways Code, that would set a Public Hearing to rename "Flodin's Court" in Forest Ranch to "Dear Abby Road." If adopted, the hearing would be held at the Board of Supervisors meeting on June 26, 2007 at 10:25 - action requested - ADOPT RESOLUTION NO. 07-097 AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) P:~GF: ~o Mnv 22, 2007 Bl~'1°1~1~: CUI~~~~~fl~ B(LU2U OF SI~Pt?K~'ISORti I~'ll1~l~'1'f~a - M:1Y 22, 2~~~ 36. Budget Transfers and Fixed Asset Purchases ~ the Public Works Department currently uses a Cost Accounting Management System to distribute and track costs in order to comply with the State Controller's Office Accounting Standards and Procedures for Road Funds Accounting. The department also uses an Accounts Receivable program to invoice Solid Waste customers at the landfill. The department wotiild like to purchase additional programs at a total cost of $18,250 as follows: I) Signs, Pavement Markers, & Stripings to allow Traffic Control Division to track all signs and pavement markings, 2) Road Module to track road details, cost distribution, and maintenance and road condition information, 3) Solid Waste Accounts Receivable & Budget Revenue Ledger to invoice landfill customers, and 4) Service Requests to document citizen requests for road maintenance. The acquisition of the programs will streamline data entry in a consistent manner - action requested - APPROVE BUDGET TRANSFERS B-419 ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASES AS DETAILED IN THE AGENDA REPORT. (Public Works) 37. Resolution Authorizing the Submittal of the Butte County Regional Used Oil Block Grant Recycling Program Grant Applications - approval is requested for a resolution approving regional grant applications to the California Integrated Waste Management Board for funds under the next four cycles of Used Oil Block Grants. The funds will be used to continue and expand used oil education programs. Current fiscal year funding is estimated at $40,000 - action requested - ADOPT RESOLUTION NO. 07-098 APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS, OR HIS DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE PURPOSES OF SECURING THE GRANT FUNDS AND CARRYING OUT THE PURPOSES SPECIFIED IN THE GRANT APPLICATIONS. (Public Works) 38. United States Department of Justice, Drug Enforcement Administration - approval is requested for a grant agreement with the United States Department of Justice, Drug Enforcement Administration, for funds to support the investigation and eradication of illegal cultivation of marijuana. The term of the agreement is January 1, 2007 through December 31, 2007 with a maximum amount payable to the County of $35,000. No matching funds are required - action requested - ACCEPT GRANT FUNDS; APPROVE GRANT AGREEMENT AND AUTHORIZE THE SHERIFF TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE SHERIFF, OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE PURPOSES OF SECURING THE GRANT FUNDS AND CARRYING OUT THE PURPOSES SPECIFIED IN THE GRANT. (Sheriff- Coroner) P:~GF: 1 t M:w 22, 2007 Bu.r ri~: Cttt~w~~~rti~ Bc~:~ku ter 5~~~~~~:k~ is<~izs I~~l~~t~~ri~a - M:~~~ 22, 2007 39. California Forensics Medical Group, Inc. - amendment - approval i.s requested for an amendment to the agreement with California Forensics Medical Uroup, Inc. for the provision of medical services to individuals housed in the Butte County Jail and Butte County Juvenile Hall. Tile amendment extends the term of the agreement through June 30, 2008, increases the maximum amount payable by $142,107, and revises paragraphs 1 and 2 in Section 4.2 to reflect the change. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Sheriff-Coroner) 40. Superior Court of California, County of Butte - amendment - approval is requested for amendment to the agreement with Superior Court of California, County of Butte. The court desires to add another Deputy Sheriff dedicated to court security. The amendment provides for the additional Deputy Sheriff with a term to end June 30, 2008, with a maximum amount payable of $91,797 for the term of the contract - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-420 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Contract No. R40923)(Sheriff-Coroner) 41. California Department of Boating and Waterways -approval is requested for an agreement with California Department of Boating and Waterways for the purpose of performing boating safety and enforcement on waterways in Butte County. The term of the agreement is July 1, 2007 through June 30, 2008, with a maximum amount payable of $159,342 to the County. No appropriation or match is needed at this time. Approval is also requested for a resolution regarding the same agreement as required by the State - action requested - APPROVE AGREEMENT AND AUTHORIZE SHERIFF TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CON'1'ROLLEk; AU'T'HORIZE 'T'HE SHERIFF, OR HIS DESIGNEE FROM THE SHERIFF'S AND AUDITOR'S OFFICE TO EXECUTE ALL DOCUMENTS NECESSARY FOR THE PURPOSES OF SECURING THE GRANT FUNDS AND CARRYING OUT THE PURPOSES SPECIFIED IN THE GRANT; AND ADOPT RESOLUTION N0. 07-099 AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff-Coroner) 42. Adoption 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 2007/2008. This ordinance will replace No. 3935 which expires June 30, 2007 - action requested - ADOPT ORDINANCE 3964 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-8-07 [3.31]) (Treasurer-Tax Collector) f:~cN: t2 MnY 22, 2007 B~!'rrt~: C~~u~'i'v 13~~nizu c~i~ Si~~i~i~.~z~~is~»s i~~i~~u~rE~a - IVI:~~~ 22, 2007 43. Monthly Investment Report - submitted is the Monthly Investment Report dated April 30, 2007 in accordance with the Butte County Statement of investment Policy dated July 1., 2006 - action requested - ACCEPT FOR INFORMATION. (Treasurer- Tax Collector) 44. Resolution Recognizing the Year 200'I as the `~00' Birthday of the Geographical Naming of America - action requested - ADOPT RESOLUTION NO. 07-100 AND AUTHORIZE THE CHAIR TO SIGN. (Other Departments and Agencies) 45. Butte County Indian Gaming Local Community Benefit Committee - APPOINT MICHAEL HOWARD TO A TERM TO END JUNE 30, 2008.(Other Departments and Agencies) 46. Gridley-Biggs Cemetery District - REAPPOINT LOWELL P. KING TO A TERM TO END MAY 1, 2011. (Other Departments and Agencies) 47. Resolution Recognizing David Guy for His Years of Service as the Executive Director of Northern California Water Association - action requested - ADOPT RESOLUTION NO. 07-101 AND AUTHORIZE THE CHAIR TO SIGN.(Other Departments and Agencies) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 3.12, 3.13, 3.14, 3.16 AND 3.48. 2 M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PRESENTATION OF RESOLUTION TO MARK D. DASCH UPON HIS RETIREMENT. PRESENTATION OF RESOLUTION TO BRIAN ANDERSON FOR 30 YEARS OF SERVICE TO BUTTE COUNTY. REGULAR AGENDA 0710-003 Boards, Commissions and Committees. 1. Appointments to Listed Vacancies. (None) 2. Board Member or Committee Reports. SUPERVISOR KIRK REPORTED ON HER ATTENDANCE AT A MEETING AT CALIFORNIA STATE UNIVERSITY, CHICO REGARDING THE PARADISE MEMORIAL TRAIL AND PROVIDED A WRITTEN REPORT TO OTHER BOARD MEMBERS. SHE ALSO REPORTED ON A MEETING WITH FIRST 5 CHILDREN AND FAMILIES COMMISSION. SUPERVISOR YAMAGUCHI REPORTED ON HIS ATTENDANCE AT THE REGIONAL COUNCIL OF RURAL COUNTIES. PacF: 13 Mnv 22, 2007 Bl"1'"1'1': COl~N"I'Y I3O~1RU OI' SI~PI'.R~'ISORS I~~li~~~~'rE~a - Mnv 22, 2007 3. Discussion of Board Calendar to determine meeting dates for General Plan 2030 Board Study Sessions. THE BOARD SET A GENERAL PLAN STUDY SESSION FOR AUGUST 21, 200'7 AT 9:00 A.M. IT WAS DETERMINED THAT THE BOARD WILL SET OTHER STUDY SESSIONS AS NEEDED. 0710-004 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (778) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON THE STATE BUDGET MAY REVISE. HE ALSO REQUESTED BOARD AUTHORIZATION OF A LETTER TO GOVERNOR SCHWARZENEGGER OBJECTING TO THE ELIMINATION OF FUNDS REGARDING THE WILLIAMSON ACT. MOTION: I MOVE TO APPROVE THE LETTER AND AUTHORIZE THE CHAIR SIGN. 2 M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (MO'I'ION CARRIED UNANIMOUSLY) 0710-005 Update of General Plan 2030 Process by Director-Development Services. (1619) TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED THE 12"` UPDATE ON THE GENERAL PLAN 2030 PROCESS AND ON WORKSHOPS THAT HAVE TAKEN PLACE SINCE LAST UPDATE_ 0710-006 Update of Lake Oroville License Renewal by County Counsel. BRUCE ALPERT, COUNTY COUNSEL REPORTED THAT THE FINAL IMPACT REPORT WAS REVIEWED BY THE FEDERAL ENERGY REGULATORY COMMISSION (FERC). HE REPORTED THAT FERC HAS DETERMINED THAT BUTTE COUNTY SUFFERS FROM $1.7 MILLION IN FINANCIAL IMPACTS DUE TO THE OROVILLE DAM PROJECT. HE STATED THAT BUTTE COUNTY ESTIMATES THE NUMBER IS CLOSER TO $4.5 MILLION PER YEAR. MR. ALPERT S'i'A`i'ED 'i'HA'i' i'HE ANALYSIS WILL NOW GO TO MANAGEMENT AND POLICY MAKERS AT FERC. (1843) P:~cF: l4 M:w 22, 2007 Bl~~~r'rH: C~~I~~~rti~ BO:V2U ~~r Slil'H:ItvlsORS Mi;vtrrl~a - i~~l:~~~ 22, 2007 0710-007 Award of Bid for 2007 Scrub Seal_Micro-Surfacing Project, County Project No. SC-2007-1 On March 13, 2007, the B oard authorized the Director of Public Works to solicit bids for the 2007 Scrub Seal/Micro-Surfacing Project. The project was advertised starting April 20, 2007 for bids to be submitted on May 11, 2007. The bid opening was subsequently extended to May 15, 2007 due to issuance of an addendum to revise pavement treatments and reduce bid quantities to reflect the conditions discovered in the field. Once bids have been reviewed and the lowest responsible and responsive bidder determined, the department will prepare a staff report to be presented at the May 22, 2007 Board of Supervisors meeting - action requested - AWARD CONTRACT TO THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER AS RECOMMENDED AND PRESENTED TO THE BOARD. (Public Works) MIKE GRUMP, DIRECTOR OF PUBLIC WORKS REPORTED TO THE BOARD THAT THE LOWEST RESPONSIBLE AND RESPONSIVE BIDDER WAS INTERNATIONAL SURFACING SYSTEMS OF MODESTO, CA WITH A BID IN THE AMOUNT OF $583,327. (2775) MO'T'ION: I MOVE TO AWARD THE CONTRACT TO INTERNATIONAL SURFACING SYSTEMS. M 2 VOTE: l Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 0710-008 Waiver of Appeal Fee - TSM 05-08 - consideration of a request for a waiver of the $50 fee paid to the County for the appeal of TSM 05-08. Supervisor Connelly asked for Board consideration of the waiver. The appellant seeks the waiver because he is a 100 disabled veteran. The appellant does not qualify for a waiver as a public entity or a non-profit organization as required by Butte County Code Section 3-40.5. The Board would have to find that it is otherwise in the public's interest to approve the waiver request. The fee, if divided among those signing the appeal, amounts to $2.08 per individual - action requested - THE CHIEF ADMINISTRATIVE OFFICER RECOMMENDS THE BOARD DENY THIS REQUEST FOR WAIVER. SUPERVISOR CONNELLY WITHDREW HIS REQUEST FOR WAIVER OF THE APPEAL FEE. NO BOARD ACTION WAS TAKEN. RECESS: 10:30 A.M. RECONVENE: 10:43 A.M. P:~GF: 15 Mnv 22, 2007 Btu r r~~: C~~~~ti~~rti~ BO:1RU ~~r S~!i~i~:kv~s~~izs Mlhl~'1'ES - Mnv 22, 2007 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 0710-009 Approval of Revised Resolution for Sacramento Valley Integrated Regional Water Management Plan (Sac Valley IRWMP) - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (From 5-8-2007 [Item 4.01]) (2944) PROPOSAL PRESENTED BY SUPERVISOR KIRK TO ENSURE THA'I'~I'HE LANGUAGE CONTAINED IN THE RESOLUTION WAS STRONGER THAN THE ORIGINAL DRAFT. BARBARA HENNIGAN, BRUCE SMITH AND JIM BROBECK ADDRESSED THE BOARD REGARDING THIS RESOLUTION. THIS ITEM WAS CONTINUED OPEN UNTIL LATER IN THIS MEETING. (CONTINUED ON PAGE 17) RECESS: 11:45 A.M. RECONVENE: 11:52 A.M. PUBLIC HEARINGS AND TIMED ITEMS 0710-010 Timed Item - Presentation of Butte County Septage Management Plan - Public Works contracted with Kennedy Jenks Consultants to prepare a Septage Management Plan. The plan addressed long range Septage disposal planning in order to meet future demands in the growing service area. The primary objectives of the study were to 1) review current septage handling strategies in Butte County, 2) determine the affect future population growth will have on septage production within the County, 3) develop long-term management solutions for the treatment and disposal of septage, and 4) develop a strategy to decommission the existing ponds at the Neal Road Landfill - action requested -ACCEPT FOR INFORMATION; DIRECT SOLID WASTE COMMITTEE AND PUBLIC WORKS STAFF TO MEET WITH MUNICIPAL OFFICIALS TO EXPLORE POTENTIAL SEPTAGE MANAGEMENT OPTIONS AND REPORT BACK TO THE BOARD. PRESENTATION BY BILL MANNEL, SOLID WASTE MANAGER.(*2000) PUBLIC HEARING OPENED: 11:59 A.M. PUBLIC HEARING CLOSED: 11:59 A.M. MOTION: I MOVE TO DIRECT SOLID WASTE COMMITTEE AND PUBLIC WORKS STAFF TO MEET WITH MUNICIPAL OFFICIALS TO EXPLORE POTENTIAL SEPTAGE MANAGEMENT OPTIONS AND REPORT BACK TO THE BOARD. 2 M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) P~u:H- 16 Mnv 22, 2007 I3l'"1"I'1? COl~V~"1'l~ BO:V2U O1' SI~PI?R~~ISOItti M1NI~~rHa - NL~~~ 22, 2007 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 0710-009 CONTINUED Approval of Revised Resolution for Sacramento Valley Integrated Regional Water Management Plan (Sac Valley IRWMP) - action requested - ADOPT RESOLUTION NO. 07-091 AND AUTHORIZE THE CHAIR TO SIGN. (From 5-8-2007 [item 4.01]) (*3044)(**0) MOTION: I MOVE TO ADOPT RESOLUTION WITH CHANGES THAT WERE MADE TODAY (AND READ INTO THE RECORD) AND AUTHORIZE THE CHAIR TO SIGN. 2 M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 0710-O11 Recommendation of the Butte County Water Commission for Submittal of a Full Proposal Application to the CALFED Watershed Program - approval is requested for the submittal of a full proposal to the CALFED Watershed Program in cooperation with the Big Chico Creek Watershed Alliance for watershed modeling. Funding is anticipated from the CALFED Watershed Program which has $10 million for disbursement under their 2007 Proposal Solicitation Package (PSP). The PSP is a two step process. The first step required submittal of a concept proposal which was approved by the Board on March 13, 2007. The department was notified on May 1, 2007 that they have been invited to submit a full proposal which is due on June 1, 2007 - action requested - APPROVE SUBMITTAL OF FULL PROPOSAL AND AUTHORIZE CHAIR TO SIGN A LETTER OF INTENT; AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN APPROPRIATE APPLICATION DOCUMENTS. (**76) VICKIE NEWLIN, ASSISITANT DIRECTOR OF WATER AND RESOURCE CONSERVATION PULLED THIS ITEM TO INDICATE `I'O THE BOARD THAT THIS ITEM AND ITEM 3.34 FROM PUBLIC WORKS ARE PROJECTS THAT ARE COMPETING FOR THE SAME POT OF MONEY. MOTION: I MOVE TO APPROVE SUBMITTAL OF FULL PROPOSAL AND AUTHORIZE CHAIR TO SIGN A LETTER OF INTENT; AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN APPROPRIATE APPLICA'T'ION DOCUMENTS. 2 M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 0710-012 Approval of Minutes - action requested - APPROVE MINUTES OF April 10, 2007 and May 8, 2007. THIS ITEM WAS PULLED IN CASE SOMETHING NEEDED TO BE AMENDED DUE TO THE AMENDMENT TO THE REVISED RESOLUTION FOR SACRAMENTO VALLEY INTEGRATED REGIONAL WATER MANAGEMENT PLAN. NOTHING WAS AMENDED. MOTION: I MOVE TO APPROVE MINUTES OF April 10, 2007 and May 8, 2007. M 2 VOTE: l Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) I':~GF: 17 Mnv 22, 2007 B~~ r~rH: ('~~t~~~r~' 6~>:~~iu ~~r S~~~i~t~:k~~isc~izs Miti~~~ri~a - 1~1:~~~ 22, 2007 0710-013 introduction of an Ordinance Amending Chapter 3_~ Protection of Agricultural Land of the Butte. County Code - app?-oval is requested for an ordinance that establishes an entirely new Chapter 35 to add additional Right to Farm disclosure requirements. The ordinance was brought to the Board on May 8, 2007 for discussion and Board directed that the ordinance return for adoption - action requested - WAIVE READING OF THE ORDINANCE. (**128) RICHARD PRICE, AGRICULTURE COMMISSIONER REQUESTS THAT DEPARTMENT OF DEVELOPMENT SERVICES IS INCLUDED AS A CONTACT. COUNTY COUNSEL INDICATED THAT DEVELOPMENT SERVICES CAN BE ADDED TO THE ORDINANCE. MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE. 2 M VOTE: l Y 2. Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PRESENTATION OF RESOLUTION TO DAVID GUY FOR HIS YEARS OF SERVICE AS THE EXECUTIVE DIRECTOR OF NORTHERN CALIFORNIA WATER ASSOCIATION. (**295) RECESS: 1.2:30 P.M. RECONVENE: 12:40 P.M. SUPERVISOR DOLAN DID NOT RETURN TO MEETING AFTER THE RECESS. VICE CHAIR YAMAGUCHI PRESIDED OVER THE MEETING IN HER ABSENCE. 0710-014 Harold Thomas - amendment - approval is requested for an amendment to the agreement with Harold Thomas which provides for payment of various expenses associated with his assignment to the District Attorney's Office to prosecute environmental crimes. The California Department of Fish and Game pays Mr. Thomas' salary and benefit costs, and the County pays for mileage, training, and other business related expenses. The proposed amendment extends the term of the agreement to June 30, 2008 and increases the maximum amount payable by $12,000. All other terms and provisions remain the same. The funds for Mr. Thomas' expenses are from monetary settlements of environmental cases - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-415 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Contract No. X15184)(**502) SUPERVISOR CONNELL'Y PULLED THIS DUE TO riIS CONCERN OF HOW THE POSITION IS FUNDED. MIKE RAMSEY, DISTRICT ATTORNEY ADDRESSED THE BOARD. P:u;H: t8 Mnv 22, 2007 B~ r ri~: C(>uti~'rv l3(>,vii~ ~>F~ S~~i~H:EZ~~~sc;'ks Nl~h~u~rt~a - M:~~~ 22, 2007 MOTION: I MOVE TO APPROVE AGREEMENT AMENDM~,NT AND AUTHORIZE CHAIR 'I'O SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. M 2 VOTE: 1 N 2 ABSENT 3 Y 4 Y 5 Y (MOTION CARRIED 3-I) Recessed at 12:54 p.m. as the Butte County Board of Supervisors and Convene as the Butte County In-Home Supportive Services Public Authority Board hAGF: I9 Mnv 22, 2007 B~ r rt~: C<~~~~~~~~rv B~~:~~zi~ ~~r S~~i~t~:~z~~is~~~zs M~~~l"r~~a - M,~ti~ 22, 2007 BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES MAY 22, 2007 Called to Order at. 1.2:54 p.nt. in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members pz~esent: Connelly, Josiassen, Yamaguchi, Kirk and Vice Chair Yamaguchi. Also present: Starlyn Brown, Assistant Chief Administrative Officer, Bruce Alpert, County Counsel, and Kathleen Moghannam, Deputy Clerk. CONSENT AGENDA 0703-001 Craig L Jory, Jory HR - amendment - approval is requested for an amendment to the agreement with Craig L Jory, Jory HR for the provision of negotiation and consultant services. The amendment extends the term of the agreement through June 30, 2007 and increase the maximum amount payable by $6,000 (department budget). All other terms and provisions remain the same. Approval is also requested for a new agreement with a term from July 1, 2007 through June 30, 2008 with a maximum amount payable not to exceed $24,000 (proposed department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE NEW AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract Nos. X14913 and X16499) (**980) PUBLIC COMMENT 0703-002 THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: CHERYL SMITH, MARILYN FRIEDMAN, AND MICHAEL FRIEDMAN. MOTION: I MOVE TO APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE NEW AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 2 M VOTE: l Y 2 ABSENT 3 Y 4 Y 5 Y (MOTION CARRIED 4-0) Adjourned as the Butte County In-Home Supportive Services Public Authority Board and Reconvened 1:04 p.m. as the Butte County Board of Supervisors. P,~~:N:20 Mew 22, 2007 F3~ i..r~~: C~~~~~~~~n~ B~~:~izu ur S~!i~H:~iris~~~zs M~~~~rri~a - M,»~ 22, 2007 0"ILO-015 THE BOARD RECESSED AT 1:05 P.M. TO CLOSED SESSION REGARDING: ACTUAL LI`IGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100) 2. POE INTERVENTION 3. BURDICK V. BU'1"IE COUN'CY; l3 U'1"L't? COUN'~I'Y SUP}:~RIOR COURT 136838. CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE SEC. 54956.8: PROPERTY: A.P. NO. O1?.-041-004 AGENCY NEGOTIATOR: BRUCE ALPERT NEGOTIATING PARTY: LESA FRANCO NEGOTIATIONS: PRICE AND TERMS OF PAYMENT PROPERTY: A.P. NO. 017-190-040 AGENCY NEGOTIATOR: MIKE CRUMP, DIRECTOR, PUBLIC WORKS NEGOTIATING PARTY: REPRESENTATIVE, JOHN F. GUERRERO TRUST NEGOTIATIONS: PRICE AND TERMS OF PAYMENT 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 1.3. PUBLIC WORKS DIRECTOR 14. WA'T'ER ANU RESOURCE CONSERVA'i'1ON DIREC'T'OR THE BOARD RECONVENED AT 2:01 PM. FROM CLOSED SESSION REGARDING: ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a): 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100) 2. POE INTERVENTION 3. BURDICK V. BUTTE COUNTY; BUTTE COUNTY SUPERIOR COURT 136838. CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE SEC. 54956.8: PROPERTY: A.P. NO. 012-041-004 AGENCY NEGOTIATOR: BRUCE ALPERT NEGOTIATING PARTY: LESA FRANCO NEGOTIATIONS: PRICE AND TERMS OF PAYMENT P;u:H: 21 Mnv 22, 2007 Eat .r r~~: C~>~~ti'~r~~ B<~:uzi~ ~~r SI~E~E~:k~~ isoks Mi;~~u~ri~a - M:»' 22, 2007 PROPER'T'Y: A.P. NO. Ol7 1~~0 010 AGENCY NEGOTIATOR: MIKE GRUMP, DIRECTOR, PUBLIC WORKS [NEGOTIATING PARTY: REPRESENTATIVE, JOHN F. GUERRERO TRUST NEGOTIATIONS : PRICE AND ~I'E;RMS OE~' PAYMENT PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SEC'I'ION 54957: 1. AGRiCULl'URAL 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 (NO ANNOUNCEMENTS) PUBLIC HEARINGS AND TIMED ITEMS 0710-016 Continued Public Hearing - M & T Chico Ranch Mine (MIN 96-03) - consideration of two appeals of the Planning Commission's certification of the Final Environmental Impact Report (EIR)and approval of the M & T Chico Ranch Mine. The project consists of a long-term gravel mining operation proposal by Baldwin Construction. The mining would take place on 193-acres of a 235- acre site over a 20-30 year period. Reclamation would occur incrementally and would consist of the creation of open-water wetland wildlife habitat and agricultural uses. The aggregate would be processed on a 40-acre area of the site. The project is located on a portion of the Ranch approximately 1.5 miles east of the Sacramento River and approximately 5 miles southwest of Chico. Access to the site would be from lover koad, Chico. 1'he APNs are 039-530-023 and 039-530-02_5 (f.ormerly 036-530-019 and 039- 530-020) - action requested - OPEN HEARING AND CONTINUE TO AUGUST 14, 2007, AT 1:30 P.M. (FROM 4-24-07 [5.04]) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER ANNOUNCED AT THE BEGINNING OF DISCUSSION THAT THIS ITEM WILL BE OPENED AND CONTINUED TO A LATER DATE IN NOVEMBER OR DECEMBER IN ORDER FOR ALL PARTIES INVOLVED MAY BE PRESENT. (**1268) PUBLIC HEARING OPENED: 2:05 P.M. PUBLIC HEARING CLOSED: 3:27 P.M. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: KAREN READS, JIM BREMNER, ROGER S. BEADLE, CATHERINE COTTLE, FRANK PRENTICE, LILA PRENTICE, JAN HOLMAN, JENNIFER WENDELL, AND STEVE PRENTICE. P:~cE~: 22 I~l,w 22, 2007 B~,~r~r~~: C<~~~~~~r~~ B~~:~izu or 5~~~~~~.K~~isoizs I~iiv~~~r~~a - Nl:~~' 22, 2007 'PHIS ITEM WAS CONTINUED TO NOVEMBER 6, X007 A'I' 1:30 P.M. NO AC"T I C)N WAS TAKEN ON TH I S DAY . 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 of Supervisors is prohibited from taking action on any item not listed on the agenda. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE M~::ETING WAS ADJOURNED AT 3:50 P.M., TO RECONVENE AT A REGULAR MEETING OF THF' BOARD TO BE HELD TUESDAY, JUNE 12, 2007, AT 9:00 A.M. JANE DOLAN, CHAIR ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board By P ~cN: 23 Mnv 22, 2007