HomeMy WebLinkAboutM052510BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
MAY 25, 2010
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Scott Tandy, Interim Chief
Administrative Officer and
Clerk of the Board
Bruce Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
Called to order at 9:05 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.
Chair Connelly dedicated the moment of silence to George Gaekle,
Butte County's first Chief Administrative Officer. He passed away
on May 24, 2010.
Observation of a Moment of Silence.
1014-001 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
1. Budget Adjustment - approval is requested for a budget
adjustment in the amount of $3,573. At Supervisor Dolan's
request, these funds will be transferred from the District
2 travel and office supply accounts to the Library budget
unit in order to pay for a self-check out machine for the
Chico Branch - action requested - APPROVE BUDGET ADJUSTMENT
(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT. (Supervisor Dolan)
SCOTT TANDY, CHIEF ADMINISTRATIVE OFFICER REMOVED THIS ITEM FROM
THE AGENDA FOR ADDITIONAL STAFF REVIEW. NO ACTION WILL BE TAKEN ON
THIS ITEM. IT WILL RETURN ON ANOTHER AGENDA.
2. GovernmentJobs.com - agreement with GovernmentJobs.com to
upgrade the existing computer software currently used for
online job application, reporting, and tracking employees.
The term of the agreement is from June 1, 2010 to June 30,
2012 with a maximum amount payable of $46,500 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Human Resources)
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
PAGE 1
MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
CONSENT AGENDA
1014-002 1. Recruests from Butte County Resource Conservation District and
Richvale Recreation and Park District for a Three-Year Audit
Period - Government Code Section 26909(b)(3) allows special
districts to replace a required annual audit with an audit
to be conducted at specified intervals as recommended by the
County Auditor. Both Districts have unanimously adopted
resolutions requesting the three-year audit period -
UNANIMOUSLY APPROVE REQUESTS FOR A THREE-YEAR AUDIT PERIOD
FOR THE RESOURCE CONSERVATION DISTRICT AND THE RICHVALE
RECREATION AND PARK DISTRICT. (Auditor-Controller)
2. Crestwood Behavioral Health, Inc. - amendment - Crestwood
Behavioral Health, Inc. provides behavioral intervention and
psychosocial rehabilitation to consumers with mental
disorders in secure residential settings. The amendment
increases the maximum amount payable by $282,734.60
(department budget utilizing Realignment funds) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Behavioral Health)
3. Feather River Tribal Health, Inc. - amendment - Feather
River Tribal Health, Inc. provides case assessment;
individual, group, and family therapy; rehabilitation
services; plan development; and crisis intervention for
Behavioral Health clients. The amendment increases the
maximum amount payable by $42,552.20 (department budget
utilizing State and Federal Medi-Cal 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. Kindred Healthcare, dba Medical Hill Rehab Center, LLC -
amendment - Kindred Healthcare provides services to improve
the adaptive functioning of chronic mentally disordered
patients. The amendment increases the maximum amount payable
by $37,950 (department budget utilizing Realignment funds) -
action requested - APPROVE THE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X17888)
(Behavioral Health)
5. Modesto Residential Living Center, LLC - amendment - Modesto
Residential Living Center, LLC provides 24 hour board and
care for Behavioral Health patients. The amendment decreases
the maximum amount to be paid by $57,367.50 (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. (Contract x17928)(Behavioral Health)
PAGE 2 MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
6. Willow Glen Care Center - amendment - Willow Glen Care Center
provides 24 hour residential care for chronically mentally
ill elderly adults who are unable to maintain traditional
residential placements. The amendment increases the maximum
amount payable by $67,214 (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.(Contract
X17912)(Behavioral Health)
7. Valley Oak Children's Services - amendment - Valley Oak
Children's Services provides therapeutic childcare services
which includes case assessment, therapy, and crisis
intervention. The amendment increases the maximum amount
payable by $121,554.34 (department budget utilizing MHSA
funds) - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
X17777)(Behavioral Health)
8. Resolution Opposing Any Elimination of Funding for Adult
Health Care Centers - action requested - ADOPT RESOLUTION
10-077 AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Kirk)
9. Oroville Moscruito Abatement District - action requested -
APPOINT DENNIS DIVER TO A TERM TO END MAY 25, 2012.
(Supervisor Connelly)
10. Resolution Authorizing Examination of Sales and Use Tax
Records - approval is requested for a resolution which will
allow authorized representatives of the County to examine the
confidential sales and use tax records of the State Board of
Equalization (BOE) pertaining to sales and use taxes
collected by the BOE for the County, pursuant to Revenue and
Taxation Code Section 7056 - action requested - ADOPT
RESOLUTION NO. 10-078 AND AUTHORIZE THE CHAIR TO SIGN. (Chief
Administrative Office)
11. Budget Adjustments - approval is requested for two budget
adjustments in the Impact Fees Fund to accurately reflect the
service levels which were adopted for the current fiscal year
(FY) budget:
The first adjustment increases the transfer of Development
Impact Fees by $14,416 from Water Tender Impact Fee revenue
to the Fire Protection Fund. This transfer is needed to fund
already approved expenditures in the current FY for the Fire
Protection Volunteer Program.
PAGE 3 MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
The second adjustment increases the account for refunds in
the Impact Fees Fund by $4,557. This adjustment is needed
because a refund was issued in August of 2009, but without
an adequate budget in place for this purpose, the charge was
applied to the only current appropriation in the fund which
is for the transfer of the Library Material Impact Fees to
the Library Fund. Neither adjustment has a General Fund
impact - action requested - APPROVE BUDGET ADJUSTMENTS (4/5
vote required) ACCEPTING AND APPROPRIATING FUNDS. (Chief
Administrative Office)
12. Approval of Minutes - action requested - APPROVE MINUTES OF
MARCH 30, 2010 AND MAY 11, 2010. (Chief Administrative Office)
13. Anne Robin - employment agreement with Anne Robin for the
Director of Behavioral Health. The term of the agreement is
June 7, 2010 through June 6, 2013 with an initial annual
salary of $127,800. A $5,000 allowance is provided to cover
actual relocation expenses - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief
Administrative Office)
14. Resolution Amending the Conflict of Interest Code to
Include the Newly Created Wastewater Advisory Committee - The
Political Reform Act (Gov. Code Sections 81000 et seq.)
requires the County to amend its Conflict of Interest Code
when circumstances change. The Wastewater Advisory Committee
was recently created by Resolution No. 10-043. Therefore, the
County's Conflict of Interest Code has been updated to
include the Wastewater Advisory Committee and to provide for
additional disclosure categories - action requested - ADOPT
RESOLUTION NO. 10-079 AND AUTHORIZE THE CHAIR TO SIGN.
(County Counsel)
15. Youth for Chance - agreement with Youth for Change for the
Adoptions Promotion and Support Program. The term of the
agreement is March 1, 2010 through June 30, 2011 with a
maximum amount payable of $64,004 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE BUDGET ADJUSTMENT (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
(Employment and Social Services)
16. Budget Adjustment - approval is requested for a budget
adjustment in the amount of $10,500 from Contingencies for
the repair of the septic system at Fire Station 64, Kelly
Ridge - action requested - APPROVE BUDGET ADJUSTMENT (4/5
vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT. (General Services)
PAGE 4 MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
17. Butte County Fair Board Association - agreement with Butte
County Fair Board Association for sheltering large animals
in the event of an emergency. The term of the agreement is
November 1, 2009 through October 31, 2015. The rates are
as follows: $1,000 per day for use of each barn; $1,500 per
day for the Arena; and $18 per day per camp site or Rv
site - action requested - APPROVE THE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.(General Services)
18. Resolution Adopting Butte Countv Salary and Benefits of Non-
Represented Classifications - consideration of a resolution
which will repeal and replace Resolution No. 07-184. This
resolution updates the following sections:
"Section 1.2 Salary - Deputy Administrative Officer and All
Other Non-Represented Positions" - The new resolution allows
the Board of Supervisors the discretion to consider
maintaining historical salary relationships within the
departments;
"Section 5.2.1 - Retired Employee Options" - This section
will now contain a two-tiered provision for retiree health
benefits for employees hired after January 1, 2010 - action
requested - ADOPT RESOLUTION NO. 10-080 AND AUTHORIZE THE
CHAIR TO SIGN. (Human Resources)
19. Countv Medical Services Program Governing Board - The County
Medical Services Program (CMSP) was established in 1983 to
address the health care needs of medically indigent adults.
At that time, Butte County entered into a County
Participation Agreement with the State Department of Health
Services (DHS) to participate in CMSP. Approval is requested
for the Amended and Restated County Participation agreement
with DHS which updates and clarifies the existing
requirements, obligations, and practices related to CMSP -
action requested - APPROVE THE AMENDED AND RESTATED COUNTY
AGREEMENT FOR PARTICIPATION IN CMSP AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW OF COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Public Health)
20. Resolution Authorizincr the Submittal of a Grant Application
to the California Department of Resources Recyclincr and
Recovery (CalRecycle) -resolution authorizing the department
to apply for funds to support local solid waste and landfill
permit and inspection programs - action requested - ADOPT
RESOLUTION NO. 10-081 AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE DIRECTOR OF ENVIRONMENTAL HEALTH AND/OR A
DESIGNEE TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE
GRANT. (Public Health)
PAGE 5 MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
21. Butte Oroville Veterinary Hospital - amendment - Butte
Oroville Veterinary Hospital provides services for animals
impounded by the Animal Control Division. The amendment
extends the term of the agreement to June 30, 2011 and
increases the maximum amount payable by $8,000 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract X16162)(Public Health)
22. Fixed Asset Purchase - approval is requested to purchase one
wireless temperature monitoring system which tracks the
temperature of refrigerators and freezers that hold collected
specimens. The estimated cost is $7,500 (department budget
utilizing H1N1 grant funds) - action requested - APPROVE
FIXED ASSET PURCHASE OF MONITORING SYSTEM; AND APPROVE
RELATED BUDGET ADJUSTMENT (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS. (Public Health)
23. Resolution Amending the Improvement Standards Pursuant
to Chapter 19 of the Butte County Code - consideration of a
resolution which will amend the parts of the Improvement
Standards that pertain to on-site wastewater systems. This
resolution eliminates potential contradictory requirements
between the new On-Site Wastewater Systems Ordinance, which
becomes effective June 1, 2010, and provisions in the
Improvement Standards for Subdivisions, Parcel Maps, and Site
Improvement in Chapter 20 of the Butte County Code - action
requested - ADOPT THE RESOLUTION NO. 10-082 AND AUTHORIZE
CHAIR TO SIGN.(Public Health)
24. Construction of the Oro Bangor Hicrhway Rehabilitation
Project, County Project No. 10661-2009-1 - This project will
rebuild a 2.1 mile section from Whitehall Ravine to Swedes
Flat Road. The estimated construction costs of $1,370,000
will be funded with $1,200,000 in Proposition 1B funds and
augmented with Road Funds to cover the balance - action
requested - 1) APPROVE PLANS AND SPECIFICATIONS; 2) AUTHORIZE
THE CHAIR AND DIRECTOR TO SIGN PLANS; AND 3) AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS. (Public
Works)
25. Proposition 1B Local Streets and Roads Bond Funds - The State
of California has announced plans to distribute the remainder
of the Proposition 1B Funds and is requiring local entities
to program these allocations. Approval is requested to
program and allocate $4,683,061.81 for FY 2009/10 - action
requested - APPROVE THE PROGRAMMING AND ALLOCATION OF
PROPOSITION 1B LOCAL STREETS AND ROAD FUNDS FOR PROJECTS
DETAILED IN THE AGENDA REPORT.(Public Works)
PAGE 6 MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
26. Identix, Incorporated - amendment - Identix, Inc. provides
maintenance services for two Livescan fingerprinting machines
located in the Records Division and the jail. The amendment
extends the term of the agreement through June 30, 2011. 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)
27. Resolution Recognizing Deputy Karen Taber Upon Her Retirement
From Butte Countv - ADOPT RESOLUTION NO. 10-083 AND AUTHORIZE
THE CHAIR TO SIGN. (Sheriff-Coroner)
28. Adoption 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 - ADOPT ORDINANCE 4022 AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 5-11-10 [3.31])(Treasurer/Tax Collector)
29. Immedia, A Division of Columbia Ultimate - amendment -
Immedia provides a customer letter and collections software
system for the Central Collections Division. The amendment
extends the term of the agreement through June 30, 2011 and
increases the maximum amount payable by $2,000 (department
budget). 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. X10088)(Treasurer/Tax
Collector)
30. 3Core Loan Administration Board - action requested -
REAPPOINT CARLA HELD TO A TERM TO END JUNE 10, 2012. (Other
Departments and Agencies)
31. Resolution Recognizing May 2010 as Teen Pregnancy Awareness
Month - action requested - ADOPT RESOLUTION NO. 10-084 AND
AUTHORIZE THE CHAIR TO SIGN. (Other Departments and Agencies)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION ITEM 3.09
WHICH WAS REMOVED FROM THIS AGENDA AND ITEM 3.19 WHICH WAS REMOVED
FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 7
MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA.
1. Resolution Opposing Any Elimination of Funding for Adult
Health Care Centers - DIANE COOPER PUCKETT, DIRECTOR OF THE
PEG TAYLOR CENTER ACCEPTED THE RESOLUTION. JUDY SIMMONS AND
GEORGE DALY, REPRESENTATIVE FOR THE CENTER WERE ALSO IN
ATTENDANCE.
2. Resolution Recognizing Deputy Karen Taber Upon Her Retirement
From Butte County - DEPUTY TABER ACCEPTED THE RESOLUTION.
3. Resolution Recognizing May 2010 as Teen Pregnancy Awareness
Month - LUANN CICCONE, CENTER DIRECTOR OF THE CHICO PLANNED
PARENTHOOD OFFICE ACCEPTED THE RESOLUTION.
REGULAR AGENDA
1014-003 Boards, Commissions and Committees.
1. Appointments to Listed Vacancies. (None)
2. Hall of Records/Emergency Operations Center Ad Hoc
Committee - action requested - ESTABLISH A HALL OF
RECORDS/EMERGENCY OPERATIONS CENTER AD HOC COMMITTEE. (Chief
Administrative Office)
MOTION: I MOVE TO APPOINT SUPERVISOR KIRK AND SUPERVISOR YAMAGUCHI TO THE
HALL OF RECORDS/EMERGENCY OPERATION CENTER AD HOC COMMITTEE.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
3. Board Member or Committee Reports.
SUPERVISOR DOLAN REPORTED ON THE SACRAMENTO RIVER CONSERVATUION
AREA FORUM. (18:51)
SUPERVISOR LAMBERT REPORTED THAT THE BALLOTS FROM THE SUTTER BUTTE
FLOOD CONTROL AGENCY THAT WILL BE MAILED OUT NEXT WEEK IN THE
BIGGS/GRIDLEY AREA REGARDING THE FLOOD PROTECTION ASSESSMENT
DISTRICT.
SUPERVISOR CONNELLY REPORTED ON A MEETING THAT HE AND SUPERVISOR
LAMBERT HAD WITH THE BUTTE COUNTY WATER DEPARTMENT.
PAGE 8
MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
SUPERVISOR CONNELLY REPORTED ON A MEETING REGARDING THE FEDERAL
ENERGY REGULATORY COMMISSION. (28:56)
SUPERVISOR KIRK REPORTED THAT THE ANNUAL REPORT OF THE FIRST 5
BUTTE COUNTY CHILDREN AND FAMILIES COMMISSION WILL BE ON THE JUNE
8, 2010 BOARD OF SUPERVISORS AGENDA.
SUPERVISOR YAMAGUCHI REPORTED ON THE BUTTE COUNTY BEHAVIORAL
HEALTH BOARD.
1014-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer.
SCOTT TANDY, INTERIM CHIEF ADMINISTRATIVE OFFICER PROVIDED A
REPORT TO THE BOARD. (31:28) HE REPORTED THAT BUTTE COUNTY HAS
EARNED THE HIGHEST CREDIT RATING POSSIBLE FROM BOTH MOODY'S AND
STANDARD & POOR'S CREDIT RATING AGENCIES. THESE RATINGS WILL
ASSIST BUTTE COUNTY IN OBTAINING A TAX AND REVENUE ANTICIPATION
NOTE (IRAN).
C. LINDA BARNES, TREASURER-TAX COLLECTOR ADDRESSED THE BOARD
REGARDING THE CREDIT RATING. (35:40)
MR. TANDY REPORTED ON THE STATE BUDGET AND ANTICIPATED CUTS TO
SOCIAL SERVICE PROGRAMS.
CATHI GRAMS, DIRECTOR OF EMPLOYMENT OF SOCIAL SERVICES AND BOB
MARTINEZ, DIRECTOR OF BEHAVIORAL HEALTH ADDRESSED THE BOARD
REGARDING HOW THE STATE BUDGET WILL AFFECT THE PROGRAMS IN THEIR
DEPARTMENTS.
PUBLIC HEARINGS AND TIMED ITEMS
1014-005 Public Hearing - Itemized Cost of Nuisance Abatement for the
Property Located at 2455 B Street, Oroville, CA, APN 035-112-003 -
This property was abated by the County between February 23 and
February 26, 2010 - action requested - APPROVE THE PLACEMENT OF A
LIEN ON THE PROPERTY IN THE AMOUNT OF $5,332.90 AND ORDER THE
AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL
ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER
AS PROPERTY TAXES ARE COLLECTED. (Development Services)
PRESENTATION BY PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT
SERVICES. (52:30)
PAGE 9 MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
PUBLIC HEARING OPENED: 9:56 A.M.
PUBLIC HEARING CLOSED: 9:56 A.M.
MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE
AMOUNT OF $5,332.90 AND ORDER THE AMOUNT DUE BE PLACED UPON THE
COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE
SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED.
M 2
VOTE : 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY )
1014-006 Public Hearing - Vacation of a Public Utility Easement Serving
Lots 24-29 of the Thenavall Tract Unit One in the Town of
Richvale - Property owners have submitted a request and petition
to summarily vacate Public Utility Easements which have not been
used by the public utilities in more than 25 years - action
requested - 1) FIND THAT THE PUBLIC UTILITY EASEMENT IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE; 2) ADOPT
RESOLUTION NO. 10-086 AND AUTHORIZE THE CHAIR TO SIGN; AND 3)
DIRECT RECORDATION OF THE RESOLUTION. (Public Works)
PRESENTATION BY MIKE CRUMP, DIRECTOR OF PUBLIC WORKS.
PUBLIC HEARING OPENED: 9:58 A.M.
PUBLIC HEARING CLOSED: 9:58 A.M.
MOTION: I MOVE TO 1) FIND THAT THE PUBLIC UTILITY EASEMENT IS UNNECESSARY
FOR PRESENT OR PROSPECTIVE PUBLIC USE; 2) ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND 3) DIRECT RECORDATION OF THE
RESOLUTION.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 10
MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
1014-007 Update of General Plan 2030 Process by Director-Development
Services.
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PROVIDED
A REPORT TO THE BOARD.
1014-008 Comprehensive Economic Development Strateay Project Priority List
2010-2011 - The Economic Development Administration (EDA) requires
the 3CORE to complete a five-year planning document, the
Comprehensive Economic Development Strategy (CEDS), in order to
guide regional economic development efforts. The proposed CEDS
priority project list is being presented to the Board of
Supervisors for review, possible amendments, and approval - action
requested - REVIEW, AMEND AS NECESSARY, AND APPROVE THE PRIORITY
PROJECT LIST; AND DIRECT STAFF TO FORWARD TO 3CORE FOR INCLUSION
INTO THE CEDS DOCUMENT. (Chief Administrative Office)
JENNIFER MACARTHY, MANAGER OF PROGRAM DEVELOPMENT PROVIDED A
REPORT TO THE BOARD. MARC NEMENIC, EXECUTIVE DIRECTOR OF 3 CORE
PROVIDED A REPORT TO THE BOARD. (1:05:28)
MOTION: I MOVE TO APPROVE THE PRIORITY PROJECT LIST MOVING THE DEVELOPMENT
OF A DATABASE OF INDUSTRIAL AND COMMERCIAL PROPERTIES WITHIN THE
UNINCORPORATED AREA OF THE COUNTY NOTING CERTIFIED "SHOVEL-READY"
FROM PRIORITY B (PROJECTS WITHIN FIVE YEARS) AND TO PRIORITY A
(NEAR TERM PROJECTS) AND DIRECT STAFF TO FORWARD TO 3CORE FOR
INCLUSION INTO THE CEDS DOCUMENT.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1014-009 Resolution Reauestina Waiver of CAL FIRE Administrative Charae
Butte County is one of thirty-five counties that has a Cooperative
Fire Protection agreement with CAL FIRE for a wide variety of
services. Part of this agreement, CAL FIRE includes an
administrative charge by which the State can recover
administrative costs and overhead. This charge is 110 of costs.
This equals $1,068,940 of the current $10,786,577 cooperative
agreement. If these charges were reduced or eliminated, the
County would be better able to maintain appropriate levels of
service. Approval is requested for a resolution to be sent to CAL
FIRE to request the State suspend the administrative charge for FY
2010/2011. Additionally, the resolution can be sent to other
counties to determine if those counties are interested requesting
the suspension of this charges - action requested - ADOPT
RESOLUTION NO. 10-085 AND RELATED LETTER AND AUTHORIZE THE CHAIR
TO SIGN. (Chief Administrative Office on behalf of Supervisor
Connelly)(1:18:58)
MOTION: I MOVE TO ADOPT RESOLUTION AND RELATED LETTER AND AUTHORIZE THE
CHAIR TO SIGN.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 11
MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
RECESS: 10:25 A.M.
RECONVENE: 10:35 A.M.
1014-010 Proposed Amendment to Butte County Code Chapter 24 (Zoning) to
Address Private Off-Hiahway Vehicle (OHV) Courses - The department
has prepared a proposed ordinance amending Chapter 24 to establish
regulations for private OHV courses. Staff requests direction
from the Board, including: standards for use permit approval,
minimum parcel size, minimum setbacks, maximum allowable noise
levels, allowable hours of operations, and requirements for
acoustical studies - action requested - PROVIDE DIRECTION TO STAFF
REGARDING FINDINGS AND STANDARDS OF THE PROPOSED CODE AMENDMENT.
(Development Services)
PRESENTATION BY CLAUDIA STUART, PRINCIPAL PLANNER WITH DEVELOPMENT
SERVICES. (1:23:58)
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: DOUGLAS
TEETER; ZANE SCHRAEDER; QUINN HOGAN; ANNA BRITT; MIKE WILLIAMS;
(2:04:54); ROBERT PARKER, DON FLEENER; JEFF FONTANA; GEORGE MENAS;
AND ROXANNE PARKER.
THE BOARD PROVIDED DIRECTION TO STAFF TO BRING BACK ISSUES AND
OPTIONS RELATED TO LIMITING NOISE, DUST, HOURS OF OPERATION AND TO
LOOK INTO THE USE OF EXISTING CODE FOR ANY CURRENT COMPLAINTS.
THE BOARD WILL PROVIDE FURTHER DIRECTION TO STAFF AFTER THOSE
OPTIONS ARE DISCUSSED AT A FUTURE MEETING. THE BOARD ALSO
REQUESTED A COPY OF THE PLACER COUNTY NOISE ORDINANCE.
NO ACTION WAS TAKEN ON THIS ITEM TODAY. THE BOARD PROVIDED
DIRECTION TO STAFF ONLY.
1014-011 Introduction of an Ordinance Amending Butte Countv Code Chapter
26-13.1 - consideration of a proposed ordinance which will add
three new options for postponing the installation of frontage
improvements for new single family residences and duplexes. These
options are more consistent with the methods the Cities and Town
use to defer urban frontage improvements in the incorporated areas
of Butte County - action requested - WAIVE READING OF ORDINANCE.
(Public Works)
PRESENTATION BY MIKE CRUMP, DIRECTOR OF PUBLIC WORKS.
MOTION: I MOVE TO WAIVE READING OF ORDINANCE.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 12
MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
10 14 -0 12 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. GovernmentJobs.com - agreement with GovernmentJobs.com to
upgrade the existing computer software currently used for
online job application, reporting, and tracking employees.
The term of the agreement is from June 1, 2010 to June 30,
2012 with a maximum amount payable of $46,500 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Human Resources)
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
CHARLIE WILSON ANSWERED QUESTIONS OF THE BOARD.
MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Puszlc 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.
RECESS
Recessed at 12:21 p.m. as the Butte County Board of Supervisors
and convened as the Thompson Flat Cemetery District Board of
Directors.
PAGE 13
MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MAY 25 , 2010
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF DIRECTORS
MTATiTTL~ c
MAY 25 , 2010
1002-001 Called to order at 12:21 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.
AGENDA ITEMS (NO ITEMS)
PUBLIC COMMENT (Limited to Five Minutes)
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.
ADJOURNMENT
Adjourned at 12:21 p.m. as the Thompson Flat Cemetery District
Board of Directors and convened as the Butte County Board of
Supervisors.
PAGE 14
MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -MAY 25 , 2010
CLOSED SESSION
1014-013 THE BOARD RECESSED AT 12:22 P.M. TO CLOSED SESSION REGARDING:
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND
DIRECTOR OF HUMAN RESOURCES.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9 (a) THREE
CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. DRY CREEK COALITION v. NORTH CONTINENT LAND AND TIMBER, ET
AL; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532; AND
3. NORTH CONTINENT LAND AND TIMBER, INC. v. BUTTE COUNTY, ET
AL; SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2010-
80000542.
INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC. 54956 (c) ONE
POTENTIAL CASE
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.
THE BOARD RECONVENED AT 3:25 P.M. FROM CLOSED SESSION REGARDING:
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND
DIRECTOR OF HUMAN RESOURCES.
PAGE 15
MAY 25, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -MAY 25 , 2010
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9 (a) THREE
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 NO. 144532; AND
3. NORTH CONTINENT LAND AND TIMBER, INC. v. BUTTE COUNTY, ET
AL; SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2010-
80000542.
INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC. 54956 (c) ONE
POTENTIAL CASE
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. (No Announcements)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE
THE BOARD, THE MEETING WAS ADJOURNED
AT 3:25 P.M., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, JUNE 8, 2010 AT 9:00
A.M.
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Scott Tandy, Interim Chief Administrative
Officer and Clerk of the Board
By:
PAGE 16
MAY 25, 2010