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HomeMy WebLinkAboutM061306BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 Called to order at 9:09 a.m. in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Connelly, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: Paul McIntosh, Chief Administrative Officer; Bruce Alpert, County Counsel; and Marion Reeves, Assistant 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. (5 9) 0 613 -0 01 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 1. Adoption of an Ordinance Regarding Fireworks, Fire Prevention and Protection Amending Section 1-7, Article XVI of Chapter 3, Chapter 38, and Chapter 38A of the Butte County Code - approval is requested for an ordinance which will add areas north of Chico and around the community of Palermo to the weed abatement ordinance, and revise Chapters 38 and 38A regarding violations and penalties, definitions, duties of owners/occupants, firebreak requirements, notice and orders, liability, enforcement, judicial review, warnings of noncompliance, collection of administrative penalties, and criminal violations and penalties - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-23-06 [3.17] ) 2. Juvenile Justice Crime Prevention Act Agreements - Amendments - approval is requested for sole source amendments to the agreements with various agencies for services in support of the Schiff-Cardenas Crime Prevention Act of 2000: 1) Paradise Unified School District (Contract No. X14977) - amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $53,000 for the extended term. 2) Feather River Tribal Health, Inc. (Contract No. X14980) - amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $28,000 for the extended term. 3) Boys & Girls Club of Chico (Contract No. X14982) - extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $154,856 for the extended term. 4) Gary Bess Associates (Contract No. X14983) - extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $40,000 for the extended term. Funding for the amendments is provided by a State allocation for Juvenile Justice Crime Prevention Act programs - action requested - APPROVE AGREEMENT AMENDMENTS (4) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. MINUTES PacE 1 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-001 3. Sentinel Offender Services, LLC - Amendment - approval is requested for an amendment to the agreement with Sentinel Offender Services, LLC, for the provision of electronic monitoring services for juvenile offenders on probation. The amendment extends the term of the agreement through June 30, 2009, increases the maximum amount payable by $120,000 ($40,000 per fiscal year [department budget]), and revises the various rates and methods of payment. 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. X14185) AT THE REQUEST OF THE PROBATION DEPARTMENT, THIS ITEM REMOVED FROM THE CONSENT AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM IS EXPECTED TO RETURN ON A SUBSEQUENT AGENDA. 4. Solid Waste Collection and Recycling Services in the Paradise Urban Area - Recommendation for Award of Agreement and Joint Powers Agreement - on January 10, 2006, the Board directed staff to work with the Town of Paradise to develop a Request For Proposal for Solid Waste Collection and Recycling Services in the Paradise urban area. A combined County and Town Solid Waste Committee reviewed the proposals and selected a provider to recommend to the Board and the Town of Paradise. Board approval is requested to forward the recommendation to the Town of Paradise. Board approval is also requested for a Joint Powers Agreement with the Town of Paradise for administration of the franchise - action requested - ACCEPT THE RECOMMENDATION OF THE SOLID WASTE COMMITTEE AND DIRECT STAFF TO FORWARD RECOMMENDATION OF AWARD OF AGREEMENT FOR SOLID WASTE COLLECTION AND RECYCLING SERVICES IN THE PARADISE URBAN AREA TO NORTHERN RECYCLING AND WASTE SERVICES; AND APPROVE JOINT POWERS AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. 5. Resolution Terminating a Portion of Long's Bar Road as a Public Highway and Establishing the Same Portion of Long's Bar Road as an Unmaintained Recreational Access Road - approval is requested for a resolution which will terminate the Public Highway status of the portion of Long's Bar Road between Colina Way and the Diversion Pool and designates the same portion of Long's Bar Road as an unmaintained recreational road and recreational access road - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE 2 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-001 6. Butte Basin Groundwater Model - approval is requested for a grant agreement with the United State Bureau of Reclamation for funds to evaluate the current Butte County Groundwater Model. The term of the agreement is from the date of execution through September 30, 2007, with a grant amount payable to the County of $250,000. Board approval is also requested for a sole source agreement with Camp, Dresser & McKee for completion of the Butte Basin Groundwater Model. The term of the agreement is June 1, 2006, through December 1, 2007, with a maximum amount payable of $189,000 (grant funds) - action requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE A BUDGET TRANSFER(4/5 vote required) ACCEPTING AND APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT WITH CAMP, DRESSER & MCKEE AND AUTHORIZE THE CHAIR TO SIGN. (Contract Nos. R40868 and X16042) CONSENT AGENDA 0613-002 1. Unclaimed Property Tax Refunds - the Auditor-Controller has verified unclaimed refunds which meet the requirements prescribed by Revenue and Taxation Code Sections 5096-5108, and is requesting Board approval to transfer those funds to the County General Fund - action requested - AUTHORIZE THE UNCLAIMED AMOUNTS TO BE TRANSFERRED TO THE COUNTY GENERAL FUND AS DETAILED IN THE AGENDA REPORT. 2. Butte County Office of Education - approval is requested for a Memorandum of Understanding with the Butte County Office of Education for the provision of mandated mental health services to school districts and special education local plan areas. Under the agreement, State funds will be transferred to the Behavioral Health Department through the Butte County Office of Education pursuant to SB 1895. The term of the agreement is July 1, 2005, through June 30, 2006, with a maximum amount payable to the County of $543,048 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3. Tulare County Office of Education - approval is requested for a revenue agreement with the Tulare County Office of Education for funds to support the Every Fifteen Minutes Project. The term of the agreement is February 1, 2006, through September 30, 2006, with a maximum amount payable to the County of $5,000 ($1,650 for fiscal year 2005-2006, and $3,350 for fiscal year 2006-2007). Board approval is also requested to accept and appropriate the funds for fiscal year 2005-2006 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-452 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT . MINUTES PacE 3 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 4. Tulare County Office of Education - approval is requested for a revenue agreement with the Tulare County Office of Education for funds to support the Kids Buckle Up Project. The term of the agreement is February 1, 2006, through September 30, 2006, with a maximum amount payable to the County of $7,500 ($1,875 for fiscal year 2005-2006, and $5,625 for fiscal year 2006-2007). Board approval is also requested to accept and appropriate the funds for fiscal year 2005-2006 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-453 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT . 5. Willow Glen Care Center - Amendment - approval is requested for an amendment to the agreement with Willow Glen Care Center for the provision of day rehabilitation services. The amendment decreases the maximum amount payable by $19,375. 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. X15813) 6. Sidney Ganzler, Ph.D. - Amendment - approval is requested for an amendment to the agreement with Sidney Ganzler, Ph.D., for the provision of professional services in the specialized field of psychology. The amendment reduces the maximum amount payable by $2,970. 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. X15475) 7. FamiliesFirst, Inc. - Amendment -approval is requested for an amendment to the agreement with FamiliesFirst, Inc., for the provision of day rehabilitation services. The amendment decreases the maximum amount payable by $40,649. 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. X15708) 8. North Valley Behavioral Health - Amendment - approval is requested for an amendment to the agreement with North Valley Behavioral Health for the provision of psychiatric inpatient care services. The amendment decreases the maximum amount payable by $20,720. 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. X15782) MINUTES PacE 4 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 9. Echo Consulting Services of California, Inc. - Amendment - approval is requested for a sole source amendment to the agreement with Echo Consulting Services of California, Inc., for the provision of software, maintenance and support. The amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $80,581.16 (department budget) for the extended term. 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. X14443) 10. Peerless Building Maintenance Co. - Amendment - approval is requested for a sole source amendment to the agreement with Peerless Building Maintenance Co., for the provision of janitorial services for various department facilities in Oroville and Paradise. The amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $17,460 (department budget) for the extended term. 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. X15651) 11. Butte County Resource Conservation District - Supervisor Houx submits her nominee for District 3 Representative to the Butte County Resource Conservation District - action requested - APPOINT CHUCK KUTZ, DISTRICT 3 REPRESENTATIVE, TO A VACATED TERM TO END JANUARY 8, 2007. 12. County of Butte Fiscal Year 2006-2007 Proposed Budget - submission of the fiscal year 2006-2007 proposed budget - action requested - ACCEPT PROPOSED BUDGET FOR FISCAL YEAR 2006-2007 AS THE AUTHORITY FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL YEAR 2006-2007, AND AS THE BASIS FOR FINAL BUDGET HEARINGS; AND SET THE PUBLIC HEARING FOR CONSIDERATION OF THE FINAL BUDGET FOR TUESDAY, JUNE 27, 2006, AT 1:30 P.M., AND DIRECT THE CLERK OF THE BOARD TO PUBLISH NOTICE OF THE HEARING PURSUANT TO GOVERNMENT CODE SECTION 29066. 13. Tri-County Economic Development District - approval is requested to pay the County's local cash match requirement for member entities of the Tri-County Economic Development District. Butte County's share of the annual required local match for fiscal year 2006-2007 is $11,181 and will be paid with Program Income generated by the Revolving Loan Fund. Board approval is also requested for a services agreement with Tri-County Economic Development Corporation which outlines the types of services the County will receive through continued membership in the Economic Development District - action requested - APPROVE AUTHORIZATION TO PAY ANNUAL CASH MATCH FROM PROGRAM INCOME AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE SERVICES AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE 5 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 14. Budget Transfer and Fixed Asset Acquisition - approval is requested for the transfer of $100,000 from the General Fund Appropriation for Contingencies to the Auditor's budget to fund the fixed asset purchase of modular workstations and furniture for staff in the Auditor's Office and Information Systems Department. Facilities Services will coordinate the purchase and installation of the equipment and related office improvements - action requested - APPROVE BUDGET TRANSFER B-455 (4/5 vote required) ACCEPTING AND APPROPRIATING $100,000 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA REPORT; APPROVE THE FIXED ASSET PURCHASE OF OFFICE FURNITURE AND EQUIPMENT; AND AUTHORIZE THE AUDITOR-CONTROLLER TO MAKE FINAL ADJUSTING ENTRIES TO THE CORRECT BUDGET UNITS ONCE FINAL COSTS ARE KNOWN. 15. Budget Transfer - approval is requested to transfer $90,000 from the General Fund Appropriation for Contingencies to the Sheriff's Office budget unit to provide an additional 10 needed to fund implementation of the compensation study for employees represented by the Deputy Sheriff's Association - action requested - APPROVE BUDGET TRANSFER B-456 (4/5 vote required) ACCEPTING AND APPROPRIATING $90,000 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA REPORT. 16. Budget Transfer - approval is requested to transfer $18,000 from the General Fund Appropriation for Contingencies to the Grand Jury budget unit to cover higher-than-budgeted operational costs, and increased mileage reimbursement rates - action requested - APPROVE BUDGET TRANSFER B-457 (4/5 vote required) ACCEPTING AND APPROPRIATING $18,000 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA REPORT. 17. Approval of 2004 Minutes - approval is requested for the Minutes of December 14, 2004. A recent documents audit discovered the Minutes were inadvertently filed before being presented to the Board for approval - action requested - APPROVE THE MINUTES OF DECEMBER 14, 2004, WITH THE NOTATION THAT SUPERVISOR CONNELLY WILL ABSTAIN FROM APPROVAL OF THE 2004 MINUTES. 18. Board Meeting Calendar Modifications - approval is requested to cancel the regularly scheduled meeting of July 11, 2006, and to reschedule the meeting of November 14, 2006, to November 21, 2006 - action requested - APPROVE CANCELLATION OF BOARD MEETING OF JULY 11, 2006, AND RESCHEDULING OF MEETING OF NOVEMBER 14, 2006, TO NOVEMBER 21, 2006. 19. Resolution Establishing an Orderly System of Destruction of Records of the County of Butte - approval is requested for a resolution which will establish a comprehensive retention and destruction schedule for County records - action requested - ADOPT RESOLUTION 06-086 (4/5 vote required) AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE 6 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 20. Increase Vehicle Purchase Authority - on May 23, 2006, the Board approved the purchase of five vehicles for the department in an amount not to exceed $125,000. Bids received for the purchases resulted in a savings that will allow the purchase of one additional vehicle without exceeding the $125,000 amount. Board approval is requested to increase the number of vehicles authorized to be purchased from five to six - action requested - APPROVE INCREASE IN FIXED ASSET PURCHASE AUTHORITY OF VEHICLES FROM FIVE TO SIX, IN AN AMOUNT NOT TO EXCEED $125,000. 21. Arson Task Force Vehicle - approval is requested to increase the fixed asset purchase authority for an Arson Task Force vehicle, trailer and emergency equipment. The equipment was initially approved for purchase at the budgeted amount of $55,000. Final bids received for the equipment resulted in the need to increase the fixed asset purchase authority to $64,728. Funding for the purchase is available utilizing fiscal year 2005 Homeland Security Grant Funds - action requested - APPROVE FIXED ASSET PURCHASE OF ARSON VEHICLE, TRAILER AND EMERGENCY EQUIPMENT IN THE AMOUNT OF $64,728. 22. Lohse Enterprises, Inc., d.b.a Archive Record Systems - Amendment - approval is requested for an amendment to the agreement with Lohse Enterprises, Inc., d.b.a Archive Record Systems, for the provision of closed file storage, document management and confidential shredding services. The amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $60, 000 (department budget) for the extended term. 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. X15514) 23. National Council on Crime and Delinquency - approval is requested for an agreement with the National Council on Crime and Delinquency which provides for Internet access to SafeMeasures reporting service to be used by the Children's Services Division. The term of the agreement is July 1, 2006, through June 30, 2008, with a maximum amount payable of $67,500 ($33,750 per fiscal year [department budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X15990) MINUTES PacE 7 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 24. Budget Transfer - approval is requested to transfer $32,600 from the Fire Station 42 Relocation Capital Project budget unit to the department's budget unit to allow for the purchase of equipment, furniture and appliances needed for the project. State and County capitalization accounting rules prohibit non-capital purchases to be made from a capital account, resulting in the need to transfer the funds to the department budget to allow for the purchases - action requested - APPROVE BUDGET TRANSFER B-459 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT . 25. Surplus of Federal Excess Property Chassis - approval is requested to declare surplus a 1965 GMC Federal Excess Property Chassis (County Asset #18793). The vehicle is no longer utilized by the department and will be returned to the Federal Excess Program - action requested - DECLARE VEHICLE SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE RETURN TO THE FEDERAL EXCESS PROGRAM. 26. Vehicle Purchase - approval is requested for the fixed asset purchase of a four-wheel drive vehicle in the amount of $18,789.25. The vehicle will be used by the Department's Information Technology Division. Funding for the purchase is available within the department's current appropriations and Board approval is also requested to transfer funds between department budget line items to provide for the purchase - action requested - APPROVE FIXED ASSET PURCHASE OF VEHICLE IN THE AMOUNT OF $18,789.25; AND APPROVE BUDGET TRANSFER B-458 ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT . 27. State of California, Department of Forestry and Fire Protection - approval is requested for a cooperative agreement with the State of California, Department of Forestry and Fire Protection, for the loan of Federal Excess Personal Property and Federal Purchasing Authority under the United States Forest Service Cooperative Forestry Assistance Act of 1978. The term of the agreement is five years from the date of approval. The agreement requires a resolution approving the application, and Board approval is also requested for the needed resolution - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL; AND ADOPT RESOLUTION 06-087 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PacE 8 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 28. Ramay Auctions and Public Surplus LLC - approval is requested for an agreement with Ramay Auctions for the provision of public auction services for surplus vehicles and equipment. The term of the agreement is June 15, 2006, through June 14, 2008. Compensation is based on a percentage rate (90 for vehicles and 30o for personal property) of items sold, and includes flat rates for towing, logo removal and inspection services. Board approval is also requested to register with Public Surplus LLC, which will allow the online auction of property. Registration with Public Surplus LLC is at will and has no time limit - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE REGISTRATION OF COUNTY WITH PUBLIC SURPLUS LLC. 29. Surplus Vehicles and Equipment - approval is requested to declare surplus various vehicles and equipment no longer used by County departments. The vehicles and miscellaneous fixed asset equipment items have been transferred to General Services from County departments for surplus and disposal - action requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING AGENT IN ACCORDANCE WITH COUNTY POLICY. 30. Surplus Radio Equipment and Transfer - pursuant to Government Code Section 25372 approval is requested to declare surplus twenty-three non-operative radios from the Sheriff's Office and to authorize the donation of the radios to the Butte Community College Basic Law Enforcement Academy for cadet training - action requested - DECLARE RADIOS SURPLUS TO THE NEEDS OF THE COUNTY; AND APPROVE DONATION OF RADIOS TO BUTTE COMMUNITY COLLEGE BASIC LAW ENFORCEMENT ACADEMY. 31. Chico Veterans Memorial Hall Purchase Reimbursement and Budget Transfer - on March 14, 2006, the Board approved the purchase of properties located at 492 and 554 Rio Lindo Avenue, Chico, for use as the Chico Veterans Hall, and authorized the use of General Fund money for the purchase with the understanding that the General Fund would be reimbursed once financing for the properties had been secured. Financing has been secured and reimbursement can be made. Board approval is requested to accept and appropriate total revenue in the amount of $1,112,716.55 - action requested - APPROVE BUDGET TRANSFER B-460 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. MINUTES PacE 9 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 32. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: SHERIFF-CORONER-SERVICES - extends the position end date of 1 sunset position of Sheriff's Clerk II/I from June 30, 2006, to June 30, 2007. SHERIFF-CORONER- OPERATIONS - extends the position end dates of 3 sunset positions of Deputy Sheriff from June 30, 2006, to June 30, 2007. SHERIFF-CORONER-CORRECTIONS - extends the position end dates for 3 sunset positions of Correctional Officer from June 30, 2006, to June 30, 2007. SHERIFF- CORONER-RURAL COUNTY SUPPLEMENTAL FUNDING - extends the position end dates for 6 sunset positions of Deputy Sheriff, and 1 sunset position of Crime Prevention Officer, from June 30, 2006, to June 30, 2007. SHERIFF-CORONER-SPECIAL ENFORCEMENT UNIT - extends the position end date of 1 sunset position of Deputy Sheriff from June 30, 2006, to June 30, 2007. SHERIFF-CORONER-BUTTE INTERAGENCY NARCOTICS TASK FORCE (B.I.N.T.F.) - extends the position end dates for 2 sunset positions of Sheriff's Clerk III/II/I from June 30, 2006, to June 30, 2007. PROBATION - extends the position end dates for the following sunset positions from June 30, 2006, through June 30, 2007: 1 position of Accountant, 3 positions of Probation Officer III/II/I, 2 positions of Probation Technician, and 1 position of Supervisor, Probation Officer. BEHAVIORAL HEALTH-GENERAL SERVICES - deletes 1 position of Supervisor, Nurse and 1 position of Supervisor, Mental Health Clinician. Adds 1 position of Psychiatric Technician, Senior/Psychiatric Technician, and 1 position Program Manager, Clinical Services - action requested - ADOPT RESOLUTION 06-088 AND AUTHORIZE THE CHAIR TO SIGN. 33. Voltage Security Systems - approval is requested to ratify a software maintenance agreement with Voltage Security for the County's encryption system. The term of the agreement is from May 31, 2006, through May 30, 2010, with a maximum amount payable of $60,000 ($15,000 per fiscal year [department budget]) - action requested - RATIFY AGREEMENT AND RATIFY SIGNATURE OF THE DIRECTOR-INFORMATION SYSTEMS. 34. Library Donations - pursuant to Government Code Section 25355, a donation of $1,565.48 from the Paradise Friends of the Library, $225 from Chico Area Flyfishers, Inc., $100 from Marjorie Holmes of Paradise, and $100 from Dr. Laing Chan of Sacramento, have been received for the Butte County Trust Fund for the purchase of books, and a donation of $623.68 from the Paradise Friends of the Library, has been received for staff support hours at the Paradise Branch Library - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 35. Budget Transfer - approval is requested to transfer $3,500 from the Gridley Operations Trust Fund to the Gridley Extra Help budget unit to provide the appropriation for extra-help staff hours - action requested - APPROVE BUDGET TRANSFER B-470 (4/5 vote required) ACCEPTING AND APPROPRIATING TRUST FUNDS AS DETAILED IN THE AGENDA REPORT. MINUTES PacE l0 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 36. Michelle Miller - approval is requested for a sole source agreement with Michelle Miller for the provision of counseling services to juveniles in support of the Minor Adjustments Program. The term of the agreement is May 10, 2006, through May 9, 2007, with a maximum amount payable of $57,584.32 (department budget) - action requested - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X16058) 37. Accularm - Amendment - approval is requested for an amendment to the agreement with Accularm for the provision of alarm services and equipment for the facility located at 42 County Center Drive. The amendment extends the term of the agreement through September 26, 2009, and increases the maximum amount payable by $1,560 (department budget) for the extended term. 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. X13893) 38. Redwood Toxicology Laboratory Services, Inc. - Amendment - approval is requested for an amendment to the agreement with Redwood Toxicology Laboratory Services, Inc., for the provision of drug test screening services. The amendment extends the term of the agreement through June 30, 2009, and increases the maximum amount payable by $210,000 (department budget) for the extended term. 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.X14729) 39. Parent Education Network - Amendment - approval is requested for a sole source amendment to the agreement with Parent Education Network for the provision of group counseling services to residents of the Juvenile Hall. The amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $15,350 (department budget) for the extended term. 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. X15123) 40. Rapidtext, Inc. - Amendment - approval is requested for a sole source amendment to the agreement with Rapidtext, Inc., for the provision of transcription services. The amendment extends the term of the agreement through December 31, 2006, increases the maximum amount payable by $25,000 (department budget) for the extended term, and revises the rates and method of payment. 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. X13973) MINUTES PacE ll JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 41. Griffith & Associates - Amendment - approval is requested for an amendment to the agreement with Griffith & Associates for the provision of engineering and architectural services for the Public Health Laboratory remodel project. The amendment revises the scope of work to include the schematic design of the project and additional mechanical and electrical engineering work, and increases the maximum amount payable by $40,001 (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. X15769) 42. Donations for Testing - pursuant to Government Code Section 25355, donations of $500 from the Nor-Cal Hepatitis C Task Force, and $62 from Jeannie Maes, on behalf of the Butte County Hepatitis C Task Force, have been received to offset the cost of Hepatitis C testing for clients without insurance, State assistance, or other means of paying for the testing - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 43. Fixed Asset Purchase and Budget Transfer - approval is requested for the fixed asset purchase of modular furniture for the Children's Services Division in the amount of $14,000. Funding for the purchase is available within the Department's budget and Board approval is also requested to transfer funds between budget unit line items to provide the appropriation needed for the purchase - action requested - APPROVE FIXED ASSET PURCHASE OF MODULAR FURNITURE; AND APPROVE BUDGET TRANSFER B-461 ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT. 44. State of California, Department of Health Services - Amendment - approval is requested for an amendment to the grant agreement with the State of California, Department of Health Services, for funds to support Public Health preparedness and response to bioterrorism activities. The amendment provides additional funding to the County in the amount of $44,321 for activities related to California Pandemic Influenza Preparedness Planning. Board approval is also requested for the fixed asset purchase of equipment in support of the grant - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; APPROVE BUDGET TRANSFER B-462 ACCEPTING AND APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF EQUIPMENT AS DETAILED IN THE AGENDA REPORT. MINUTES PacE 12 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 45. Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for the property located at 2445 Carmichael Drive, Chico. The amendment increases the funds available for change orders, modifications and design changes by $10,000 (department budget) for fiscal year 2006-2007. 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. X10770) 46. Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for the property located at 78 Table Mountain Boulevard, Oroville. The amendment increases the funds available for change orders, modifications and design changes by $10,000 (department budget) for fiscal year 2006- 2007. 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. X11406) 47. Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for the property located at 202 Mira Loma, Oroville. The amendment increases the funds available for change orders, modifications and design changes by $10,000 (department budget) for fiscal year 2006-2007. 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. X13127) 48. Revised Resolution Authorizing the Submittal of the Butte County Regional Used Oil Block Grant Recycling Program Grant Applications - on May 23, 2006, the Board approved a resolution approving regional grant applications to the California Integrated Waste Management Board for funds under the next three cycles of Used Oil Block Grants. Approval is requested for a revised resolution which will provide for the County to act as lead agency for the grant on behalf of the Cities of Gridley, Biggs and the Town of Paradise. 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 06-089 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. MINUTES PacE 13 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 49. County Service Area (CSA) No. 176 (Pheasant Landing Estates, Unit 3) and County Service Area (CSA) No. 179 (Chambers and Speedway Subdivision) - Budget Transfers - approval is requested for a budget transfer from the Designated Fund Balance to CSA No. 176 (Pheasant Landing Estates, Unit 3), in the amount of $500, and to CSA No. 179 (Chambers and Speedway Subdivision), in the amount of $1,300, to provide the appropriation needed for repairs to the fire protection systems within the CSAs - action requested - APPROVE BUDGET TRANSFER B-464 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 50. County Service Area (CSA) No. 47 (East and Guynn Avenues Storm Drainage and Street Lighting) - Budget Transfer - approval is requested for a budget transfer from the Designated Fund Balance to CSA No. 47, in the amount of $1,532, to provide the appropriation needed for repairs to the storm drainage pump within the CSA -action requested - APPROVE BUDGET TRANSFER B-463 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 51. Old Durham Wood - approval is requested for an agreement with Old Durham Wood to grind and remove wood waste products from the Neal Road Landfill. The term of the agreement is July 1, 2006, through June 30, 2009, with a maximum amount payable not to exceed $75,000 (Neal Road Landfill Management funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 52. Waste Tire Products - Amendment - approval is requested for an amendment to the agreement with Waste Tire Products for the collection and recycling of waste electronic products from the Neal Road Landfill. The amendment extends the term of the agreement through June 30, 2007. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15034) 53. Contribution to the Town of Paradise - Paradise Vegetative Waste Collection Facility - approval is requested to contribute $4,500 to the Town of Paradise to help fund the Paradise Vegetative Waste Collection Facility. The facility is a collection service targeting green and/or yard waste and is part of the efforts designed to comply with AB 939. The contribution will be funded by Neal Road Landfill Management Fund funds - action requested - APPROVE MONETARY CONTRIBUTION OF $4,500 TO THE TOWN OF PARADISE AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO FACILITATE REQUEST. MINUTES PacE 14 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 54. Oro-Bangor Highway Bridge Across Rocky Honcut Creek Painting Project, Federal Project No. BHLS-5912(067), County Project No. 10661-03-1 - Award of Bid - the project consists of the removal of the existing coatings and corrosion, application of a new paint coating system, removal and replacement of the metal beam bridge rail with concrete barrier rail, and installation of metal beam guard rail and terminal end treatments at all four corners of the structure. Bids were opened on May 25, 2006, with the lowest responsible bidder being Jeffco Painting and Coating Inc. of Vallejo, in the amount of $176,620 - action requested - AWARD AGREEMENT TO JEFFCO PAINTING AND COATING INC. OF VALLEJO, IN THE AMOUNT OF $176, 620 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 55. Lower Honcut Road Bridge Across Wyandotte Creek Painting Project, Federal Project No. BHLS-5912(066), County Project No. 04452-03-2 - Award of Bid - the project consists of the removal of existing coatings and corrosion, application of a new paint coating system, and the installation of metal beam guard rail and terminal end treatments at all four corners of the structure. Bids were opened on May 25, 2006, with the lowest responsive bidder being Robison-Prezioso, Inc., of Santa Fe Springs, in the amount of $176,250 - action requested - AWARD AGREEMENT TO ROBISON-PREZIOSO, INC., OF SANTA FE SPRINGS, IN THE AMOUNT OF $176,250 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 56. Northern Valley Claims and Investigative Services - approval is requested for an agreement with Northern Valley Claims and Investigative Services for the provision of investigative services for liability claims against the County. The term of the agreement is July 1, 2006, through June 30, 2007, with a maximum amount payable of $30,000 (General Liability Self-Insurance budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. 16044) 57. California Multi-Jurisdictional Methamphetamine Enforcement Team Grant - approval is requested to accept and appropriate $6,298.54 in California Multi-Jurisdictional Methamphetamine Enforcement Team (Cal-MMET) Grant funds. The funds will be used to help fund the purchase of a GPS/Navigation/Communication system for the department's Cessna airplane - action requested - APPROVE BUDGET TRANSFER B-467 (4/5 vote required) ACCEPTING, TRANSFERRING AND ALLOCATING GRANT FUNDS AS DETAILED IN THE AGENDA REPORT. 58. Budget Transfer for Equipment Purchase - approval is requested to transfer funds between department budget line items to provide the appropriation needed to purchase two Blade Rotary Wing parts for the County-owned helicopter utilizing the Federal 1122 Procurement Program - action requested - APPROVE BUDGET TRANSFER B-466 ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT. MINUTES PacE 15 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 59. Budget Transfer for Coroner Expenses - approval is requested to transfer $40,000 from the Incarceration Budget to the Operations Budget to provide additional appropriations needed to fund coroner/pathological services through the remainder of the fiscal year - action requested - APPROVE BUDGET TRANSFER B-465 ACCEPTING AND ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT. 60. Discharge Delinquent Unsecured Accounts - approval is requested, pursuant to Revenue and Taxation Code Sections 2923 and 2927.6, to discharge from the property tax roll all delinquent unsecured accounts that are 10 years or older as uncollectible debt - action requested - APPROVE DISCHARGE OF DELINQUENT UNSECURED ACCOUNTS THAT ARE 10 YEARS OR OLDER AS UNCOLLECTIBLE DEBT. 61. Accept Unanticipated Revenue and Fixed Asset Vehicle Purchase - approval is requested to accept and appropriate $52,610.08 of unanticipated revenue received from the Department of Water Resources and through water sales to Del Oro Water Company and California Water Service Company. Board approval is requested to utilize a portion of the funds for the fixed asset purchase of a vehicle for the department in an amount not to exceed $25,000, and to appropriate $7,000 for additional outreach activities associated with groundwater modeling activities - action requested - APPROVE BUDGET TRANSFER B-469 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE FIXED ASSET PURCHASE OF A VEHICLE IN AN AMOUNT NOT TO EXCEED $25,000. 62. Butte County Water Commission Technical Advisory Committee - action requested - APPOINT MATT COLWELL. 63. Butte County Children and Families Commission - the Butte County Children and Families Commission submits recommendations for reappointment of members to the Commission - action requested - REAPPOINT KAREN MARLATT, LINDA MOORS AND DAVE SCOTT TO TERMS TO END JULY 1, 2008. 64. Butte County Children and Families Commission Fiscal Year 2006-2007 Budget - pursuant to Butte County Code Section 2- 100.70, submitted is the fiscal year 2006-2007 budget adopted by the Commission on May 19, 2006 - action requested - ACCEPT FOR INFORMATION. 65. Resolution in Favor of the Nomination of Sharon and Pat Gore for the California Leopold Conservation Award - the Butte County Resource Conservation District is requesting the Board adopt a resolution of support for the District's nomination of Sharon and Pat Gore for the California Leopold Conservation Award - action requested - ADOPT RESOLUTION 06-090 AND AUTHORIZE THE CHAIR TO SIGN. (165) MINUTES PacE 16 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-002 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE NOTATION THAT CORRECTED BACKUP AGENDA INFORMATION HAS BEEN PROVIDED TO THE CLERK FOR ITEMS 3.04 AND 3.30, AND THE REMOVAL OF ITEMS 3.24, 3.38, 3.39, 3.59, 3.60 AND 3.67. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) SUPERVISOR CONNELLY THANKED BUTTE COUNTY CITIZENS FOR THEIR CONTINUED CONTRIBUTIONS TO THE LIBRARIES, AND COMPLIMENTED SUPERVISOR HOUR ON HER APPOINTMENT TO THE RESOURCE CONSERVATION DISTRICT BOARD. CHAIR JOSIASSEN RECOGNIZED SHARON GORE, WHO HAS BEEN NOMINATED FOR THE CALIFORNIA LEOPOLD CONSERVATION AWARD, AND NOTED THAT THERE IS NO ONE MORE DESERVING OF THE AWARD THAN SHE. REGULAR AGENDA 0613-003 Boards, Commissions and Committees. (251) 1. Appointments to Listed Vacancies. (NONE) 2. Board Member or Committee Reports. (257) SUPERVISOR DOLAN REPORTED THAT THE SACRAMENTO RIVER CONSERVATION AREA FORUM HELD ITS ANNUAL MEETING AND BARBEQUE TWO WEEKS AGO AND AT THE MEETING THE BOARD ADOPTED A GOOD NEIGHBOR WHITE PAPER. SHE ALSO REPORTED THAT THE HIGHWAY 32/NORD AVENUE CORRIDOR STUDY KICKOFF MEETING WILL TAKE PLACE THIS THURSDAY. 0613-004 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (340) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT THE STATE BUDGET CONFERENCE COMMITTEE VOTED ON A BUDGET THIS PAST WEEKEND. THE BUDGET WILL NOW PASS OUT OF THE COMMITTEE AND GO BACK TO THE FLOOR OF EACH HOUSE FOR ACTION ON THURSDAY. THE BOARD WAS ALSO PROVIDED AN UPDATE ON PROPOSED BUDGET ITEMS THAT WILL AFFECT BUTTE COUNTY. 0613-005 California Department of Water Resources Maintenance Practices - presentation to the Board regarding the California Department of Water Resources channel and levee maintenance practices, including the responsibilities and activities on Butte Creek, Cherokee Canal and Sycamore Creek - action requested - ACCEPT FOR INFORMATION. (632) PRESENTATION TO THE BOARD BY KEITH SWANSON, CHIEF, FLOOD MAINTENANCE OFFICE, DIVISION OF FLOOD MANAGEMENT, CALIFORNIA DEPARTMENT OF WATER RESOURCES. RECESS: 10:06 A.M. RECONVENE: 10:14 A.M. MINUTES PacE 17 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 REGULAR AGENDA 0613-006 Proposed Butte Conservation Camp in Magalia - Report to the Board - informational presentation by the California Department of Forestry and Fire Protection regarding the proposed Butte Conservation Camp Project in Magalia - action requested - ACCEPT FOR INFORMATION. (2146) (**00) PRESENTATION TO THE BOARD BY GEORGE MORRIS, DEPUTY CHIEF, CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION. PUBLIC HEARINGS AND TIMED ITEMS 0613-007 Public Hearing - Appeal of Determination on Encroachment Permit 051515 - Patrick and Anne Proctor - consideration of an appeal of conditions of an Encroachment Permit to install a driveway into the property located at 8120 Cohasset Road, requiring the applicant to cut the existing banks adjacent to the drive to provide a clear sight distance of 300 feet (APN 056-020-128) - action requested - DENY APPEAL OF ENCROACHMENT PERMIT CONDITIONS. (**2571) (***00) PUBLIC HEARING OPENED: 11:52 A.M. PUBLIC HEARING CLOSED: 12:14 P.M. MOTION: I MOVE TO DENY THE APPEAL. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0613-008 Public Hearing - Appeal Regarding Application for Certificate of Merger and Determination That a Use Permit Is Not Required for Parcel Improvements Less Than 100 Feet From a Residential Zone - Smucker Quality Beverage, Inc. - consideration of an appeal by surrounding property owners of the approved Certificate of Merger and the determination that a Use Permit is not required for a new cold storage structure, circulation drive and parking area within 100 feet of a residential zone. The property is located on the north side of Speedway Avenue, approximately 1,800 feet east of Midway, in the south Chico area, and identified as APN 040-310-010 and 040-310-030 - action requested - OPEN HEARING AND CONTINUE OPEN TO ALLOW STAFF TIME TO COMPLETE APPEAL HEARING REPORTS. (***173) PUBLIC HEARING OPENED AT 12:15 P.M., AND CONTINUED OPEN TO JULY 25, 2006, AT 10:40 A.M. MINUTES PacE 18 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 CLOSED SESSION 0613-009 Recess: THE BOARD RECESSED AT 12:41 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. POE INTERVENTION (FERC 2107); 3. FOGARTY V. COUNTY OF BUTTE (USDC EDCA 06-01007). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1): TWO POTENTIAL CASES. A CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER, 2. DIRECTOR-BEHAVIORAL HEALTH, 3. CHIEF ADMINISTRATIVE OFFICER, 4. CHIEF PROBATION OFFICER, 5. COUNTY COUNSEL, 6. DIRECTOR-CHILD SUPPORT SERVICES, 7. DIRECTOR-DEVELOPMENT SERVICES, 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES, 9. DIRECTOR-HUMAN RESOURCES, 10. DIRECTOR-INFORMATION SYSTEMS, 11. DIRECTOR- LIBRARIES, 12. DIRECTOR-PUBLIC HEALTH, 13. DIRECTOR-PUBLIC WORKS. (***1003) RECESSED AT 12:41 P.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD. MINUTES PAGE 19 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES JUNE 13 , 2006 Called to order at 12:43 p.m. in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Board members present: Connelly, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: Marion Reeves, Deputy Clerk. Agenda Items (NO ITEMS) Closed Session 0607-001 Recess: RECESSED AT 12:43 P.M. TO A CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6: AGENCY REPRESENTATIVES: JEANNE GRAVETTE AND CRAIG DORY. EMPLOYEE ORGANIZATION: CALIFORNIA UNITED HOMECARE WORKERS. (***1088) Reconvene: RECONVENED AT 1:50 P.M. FROM A CLOSED SESSION CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 54957.6: AGENCY REPRESENTATIVES: JEANNE GRAVETTE AND CRAIG DORY. EMPLOYEE ORGANIZATION: CALIFORNIA UNITED HOMECARE WORKERS. (***1107) Public Comment 0607-002 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. (***1122) (NONE) Adjournment ADJOURNED AT 1:50 P.M. AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY BOARD OF SUPERVISORS. MINUTES PAGE 20 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA CLOSED SESSION 0613-009 Reconvene: THE BOARD RECONVENED AT 1:50 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. POE INTERVENTION (FERC 2107); 3. FOGARTY V. COUNTY OF BUTTE (USDC EDCA 06-01007). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1): TWO POTENTIAL CASES. A CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER, 2. DIRECTOR-BEHAVIORAL HEALTH, 3. CHIEF ADMINISTRATIVE OFFICER, 4. CHIEF PROBATION OFFICER, 5. COUNTY COUNSEL, 6. DIRECTOR-CHILD SUPPORT SERVICES, 7. DIRECTOR-DEVELOPMENT SERVICES, 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES, 9. DIRECTOR-HUMAN RESOURCES, 10. DIRECTOR-INFORMATION SYSTEMS, 11. DIRECTOR- LIBRARIES, 12. DIRECTOR-PUBLIC HEALTH, 13. DIRECTOR-PUBLIC WORKS. (***1107) PUBLIC HEARINGS AND TIMED ITEMS 0613-010 Timed Item - Butte County General Plan/Zoning Ordinance Update Process - Framework of Guiding Principles - consideration of the working draft framework of guiding principles - action requested - APPROVE THE WORKING DRAFT FRAMEWORK OF GUIDING PRINCIPLES AND DIRECT STAFF TO PROVIDE THEM TO THE CITIZEN ADVISORY COMMITTEE; DIRECT THE CITIZEN ADVISORY COMMITTEE TO HOLD PUBLIC WORKSHOPS AND PROVIDE COMMENT BACK TO THE PLANNING COMMISSION AND BOARD ON THE WORKING DRAFT FRAMEWORK OF GUIDING PRINCIPLES AND DRAFT BUTTE COUNTY VISION STATEMENT. (***1134) ITEM CONTINUED FOR THE PURPOSE OF HAVING A MORE SPECIFIC DISCUSSION ON THIS TOPIC. FURTHER DISCUSSION WILL TAKE PLACE AT A SPECIAL MEETING SET FOR THIS MATTER TO BE HELD JUNE 28, 2006, AT 9:00 A.M. MINUTES PAGE 21 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 13, 2006 REGULAR AGENDA 0613-011 2006-2007 Comprehensive Economic Development Strategy - Projects List - consideration of the 2006-2007 Comprehensive Economic Development Strategy Projects List for review, possible amendment, and approval - action requested - REVIEW, AMEND AS NECESSARY AND/OR APPROVE THE 2006-2007 COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY PRIORITY PROJECT LIST AND DIRECT STAFF TO FORWARD THE LIST TO THE TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION FOR INCLUSION INTO THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY DOCUMENT. (***2275) MOTION: I MOVE TO APPROVE THE 2006-2007 COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY PRIORITY A, B AND C PROJECT LIST AS AMENDED TO MOVE "IMPROVEMENT OF RAIL INFRASTRUCTURE TO PROVIDE INDUSTRIAL SITE ACCESS IN THE OROVILLE/COUNTY AREA", FROM THE PRIORITY C LIST TO THE PRIORITY A LIST, AND DIRECT STAFF TO FORWARD THE LIST TO THE TRI-COUNTY ECONOMIC DEVELOPMENT CORPORATION FOR INCLUSION INTO THE COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY DOCUMENT. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0613-012 Request of Waiver of Interest on Community Development Block Grant - Stapleton Spence Packing Company - consideration of the waiver of interest on the 1998 State of California Over the Counter Community Development Block Grant loan to Stapleton Spence Packing Company - action requested - WAIVE INTEREST CONDITIONED UPON THE CITY OF GRIDLEY ALSO WAIVING SUCH INTEREST. (***2610) MOTION: I MOVE TO WAIVE THE INTEREST CONDITIONED UPON THE CITY OF GRIDLEY ALSO WAIVING SUCH INTEREST. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0613-013 Lake Oroville Relicensing - Report to the Board - update on the Federal Energy Regulatory Commission (FERC) Lake Oroville Relicensing Project - ACCEPT FOR INFORMATION. (***2669) (****00) PRESENTATION TO THE BOARD BY BRUCE ALPERT, COUNTY COUNSEL, PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, AND SUPERVISOR CONNELLY AND SUPERVISOR JOSIASSEN, FERC SUBCOMMITTEE BOARD MEMBERS. RECESS: 3:30 P.M. RECONVENE: 3:35 P.M. MINUTES PAGE 22 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-014 Items Removed from the Consent Agenda for Board Consideration and Action. (****1647) 1. Adoption of an Ordinance Regarding Fireworks, Fire Prevention and Protection Amending Section 1-7, Article XVI of Chapter 3, Chapter 38, and Chapter 38A of the Butte County Code - approval is requested for an ordinance which will add areas north of Chico and around the community of Palermo to the weed abatement ordinance, and revise Chapters 38 and 38A regarding violations and penalties, definitions, duties of owners/occupants, firebreak requirements, notice and orders, liability, enforcement, judicial review, warnings of noncompliance, collection of administrative penalties, and criminal violations and penalties - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-23-06 [3.17] ) MOTION: I MOVE TO ADOPT ORDINANCE 3936 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (Motion Carried) 2. Juvenile Justice Crime Prevention Act Agreements - Amendments - approval is requested for sole source amendments to the agreements with various agencies for services in support of the Schiff-Cardenas Crime Prevention Act of 2000: 1) Paradise Unified School District (Contract No. X14977) - amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $53,000 for the extended term. 2) Feather River Tribal Health, Inc. (Contract No. X14980) - amendment extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $28,000 for the extended term. 3) Boys & Girls Club of Chico (Contract No. X14982) - extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $154,856 for the extended term. 4) Gary Bess Associates (Contract No. X14983) - extends the term of the agreement through June 30, 2007, and increases the maximum amount payable by $40,000 for the extended term. Funding for the amendments is provided by a State allocation for Juvenile Justice Crime Prevention Act programs - action requested - APPROVE AGREEMENT AMENDMENTS (4) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. MOTION: I MOVE TO APPROVE THE AGREEMENT AMENDMENTS (4) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PAGE 23 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JUNE 13, 2006 0613-014 3. Solid Waste Collection and Recycling Services in the Paradise Urban Area - Recommendation for Award of Agreement and Joint Powers Agreement - on January 10, 2006, the Board directed staff to work with the Town of Paradise to develop a Request For Proposal for Solid Waste Collection and Recycling Services in the Paradise urban area. A combined County and Town Solid Waste Committee reviewed the proposals and selected a provider to recommend to the Board and the Town of Paradise. Board approval is requested to forward the recommendation to the Town of Paradise. Board approval is also requested for a Joint Powers Agreement with the Town of Paradise for administration of the franchise - action requested - ACCEPT THE RECOMMENDATION OF THE SOLID WASTE COMMITTEE AND DIRECT STAFF TO FORWARD RECOMMENDATION OF AWARD OF AGREEMENT FOR SOLID WASTE COLLECTION AND RECYCLING SERVICES IN THE PARADISE URBAN AREA TO NORTHERN RECYCLING AND WASTE SERVICES; AND APPROVE JOINT POWERS AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (****1960)(*****00) MOTION: I MOVE TO CONTINUE THIS MATTER UNTIL AFTER ACTION BY THE TOWN OF PARADISE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 5. Resolution Terminating a Portion of Long's Bar Road as a Public Highway and Establishing the Same Portion of Long's Bar Road as an Unmaintained Recreational Access Road - approval is requested for a resolution which will terminate the Public Highway status of the portion of Long's Bar Road between Colina Way and the Diversion Pool and designates the same portion of Long's Bar Road as an unmaintained recreational road and recreational access road - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT RESOLUTION 06-091 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 6. Butte Basin Groundwater Model - approval is requested for a grant agreement with the United State Bureau of Reclamation for funds to evaluate the current Butte County Groundwater Model. The term of the agreement is from the date of execution through September 30, 2007, with a grant amount payable to the County of $250,000. Board approval is also requested for a sole source agreement with Camp, Dresser & McKee for completion of the Butte Basin Groundwater Model. The term of the agreement is June 1, 2006, through December 1, 2007, with a maximum amount payable of $189,000 (grant funds) - action requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE A BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT WITH CAMP, DRESSER & MCKEE AND AUTHORIZE THE CHAIR TO SIGN. (Contract Nos. R40868 and X16042) MINUTES PAGE 24 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 0613-014 MOTION: I MOVE TO APPROVE THE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE BUDGET TRANSFER B-468 ACCEPTING AND APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE AGREEMENT WITH CAMP, DRESSER & MCKEE AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PUBLIC COM[IENT 0613-015 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. (*****2465) 1. BRUCE MCCLINTOCK ADDRESSED THE BOARD TO REQUEST THE BOARD STOP THE BUILDING BEING CONSTRUCTED WITHIN 300-FEET OF HIS AGRICULTURAL PROPERTY. THE BUILDING'S CONSTRUCTION VIOLATES THE AGRICULTURAL SET-BACK PROVISIONS AND SHOULD NOT HAVE BEEN APPROVED. BOARD DIRECTION TO MR. MCINTOSH TO INVESTIGATE MR. MCCLINTOCK'S CLAIM AND ADDRESS WHAT NEEDS TO BE ADDRESSED. 2. JANE DOLAN ADDRESSED THE BOARD TO INFORM THEM THAT THE CITY OF CHICO IS INTENDING TO TRENCH W. 8TH AVENUE AFTER THE COMPLETE RECONSTRUCTION THE COUNTY DID. SHE BELIEVES THE CITY'S ACTIONS ARE WRONG AND A TRAVESTY TO THE TAX PAYERS. 3. KATHY HODGES ADDRESSED THE BOARD TO EXPRESS HER CONCERN THAT THE ACTION THE BOARD TOOK ON THE RESOLUTION FOR LONG'S BAR ROAD WILL RESULT IN THE ROAD REVERTING TO THE PRIOR PROPERTY OWNERS AND THAT THE ROAD WILL BE TAKEN FROM THE PUBLIC USE. SHE ALSO EXPRESSED CONCERNS THAT THE ACTION THE BOARD TOOK WOULD PREVENT A PROPERTY OWNER IN THAT AREA FROM GETTING A BUILDING PERMIT IN THE FUTURE. MINUTES PacE 25 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 CLOSED SESSION 0613-016 Recess: THE BOARD RECESSED AT 5:38 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. POE INTERVENTION (FERC 2107); 3. FOGARTY V. COUNTY OF BUTTE (USDC EDCA 06-01007). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1): TWO POTENTIAL CASES. A CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER, 2. DIRECTOR-BEHAVIORAL HEALTH, 3. CHIEF ADMINISTRATIVE OFFICER, 4. CHIEF PROBATION OFFICER, 5. COUNTY COUNSEL, 6. DIRECTOR-CHILD SUPPORT SERVICES, 7. DIRECTOR-DEVELOPMENT SERVICES, 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES, 9. DIRECTOR-HUMAN RESOURCES, 10. DIRECTOR-INFORMATION SYSTEMS, 11. DIRECTOR- LIBRARIES, 12. DIRECTOR-PUBLIC HEALTH, 13. DIRECTOR-PUBLIC WORKS. (*****3240) Reconvene: THE BOARD RECONVENED AT 6:05 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. POE INTERVENTION (FERC 2107); 3. FOGARTY V. COUNTY OF BUTTE (USDC EDCA 06-01007). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1): TWO POTENTIAL CASES. A CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER, 2. DIRECTOR-BEHAVIORAL HEALTH, 3. CHIEF ADMINISTRATIVE OFFICER, 4. CHIEF PROBATION OFFICER, 5. COUNTY COUNSEL, 6. DIRECTOR-CHILD SUPPORT SERVICES, 7. DIRECTOR-DEVELOPMENT SERVICES, 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES, 9. DIRECTOR-HUMAN RESOURCES, 10. DIRECTOR-INFORMATION SYSTEMS, 11. DIRECTOR- LIBRARIES, 12. DIRECTOR-PUBLIC HEALTH, 13. DIRECTOR-PUBLIC WORKS. (*****3271) (NO ANNOUNCEMENTS) MINUTES PacE 26 JUNE 13, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -.TUNE 13, 2006 ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 6:05 P.M. TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, JUNE 27, 2006, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board By: MINUTES PAGE 27 JUNE 13, 2006