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HomeMy WebLinkAboutM072710BUTTE COUNTY BOARD OF SUPERVISORS MINUTES July 27, 2010 ~ T ]' ~ ~ 0 0 o a 0 0 ~. 4 = _ - -=---=- ~= a ~ ~ ~~ 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 Bruce Alpert, County Counsel Administrative Officer and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 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. 1020-001 Observation of a Moment of Silence. CORRECTIONS AND~OR CHANGES TO THE AGENDA. 1. Sierra Oro Farm Trail Association -amendment to the agreement with Sierra Oro Farm Trail Association for services related to agriculture tourism, with the primary service provided under this contract being the creation and maintenance of a Butte County Farm Trail Map. The amendment extends the term of the agreement for a fourth year at the same annual cost as last year ($15,000). The term ends July 31, 2011 -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office) CHAIR CONNELLY REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. 2. Resolution to Amend the Salary Ordinance -The resolution will amend the salary ordinance as follows: TREASURER TAX-COLLECTOR -requests to reclassify one position of Central Collections Supervising Accounting Specialist to Supervisor, Central Collections Accounting & Administrative Support. This reclassification was agreed to by both the Butte County Management Employee's Association and the Human Resources Department. This change will leave the total allocations in the department unchanged. HUMAN RESOURCES -concurrent with the reclassification request from the Treasurer Tax-Collector, the Human Resources Department requests to delete the classification of Central Collections Supervising Accounting Specialist from Reference F, titled "Management, Confidential and Supervisory Unit" of the Salary Ordinance. This classification is no longer needed with the creation of the Supervisor, Central Collections Accounting & Administrative Support Classification. BEHAVIORAL HEALTH -requests to flexibly staff a current Contract Specialist position to a Contract Specialist, Senior/Contract Specialist position. This change will allow for greater flexibility when hiring in this department and will leave the total allocations in the department unchanged. In addition, the department requests to move one position of Behavioral Health Counselor II/I from budget unit 541-013 to 541-012 effective July 1, 2010. Funding for BOARD OF SUPERVISORS MINUTES PAGE 1 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 Prop. 36, which funded this position, has been completely eliminated for FY 10/11. This change, which was accounted for in the FY 10/11 budget submitted by the department, will eliminate the allocation in budget unit 541-013 and increase the allocations in budget unit 541-012 from 20.5 to 21.5. PUBLIC HEALTH -requests to delete one position of Vital Stats Records Specialist and add one position of Supervising, Public Health Nutritionist and one position of Administrative Assistant/Office Specialist, Senior/Office Specialist. Funding for the Supervisor, Public Health Nutritionist position will be provided by the Women's Infants and Children (WIC) grant. This change will increase the total allocations in the department from 158.1 to 159.1. DISTRCT ATTORNEY -requests to add one position of District Attorney Victims Counselor. This position will be funded in part through fees imposed by the courts to be collected for crimes of domestic violence and by the approved FY 2010/2011 department budget. The change will increase the total allocations in the department from 84.5 to 85.5. SHERIFF -requests to change one sunset position of Deputy Sheriff with an end date of June 30, 2011 to a regular help position with no sunset date. This request is correcting a previous action establishing the position as a sunset position when it should have been added as a regular help position with no sunset date. This change will leave the total allocations in the department unchanged -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) MARJORIE CUSICK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. CONSENT AGENDA 1020-002 1. Clean KinE by DeHart -agreement with Clean King for housekeeping and janitorial services that are compliant with acute medical hospital environmental service standards. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $49,990 (department budget utilizing Realignment revenue) -action requested -APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) Valley Oak Children's Services -agreement for health services for children with full-scope Medi-Cal. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $50,743.54 (department budget utilizing Federal and State Medi-Cal funds) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) BOARD OF SUPERVISORS MINUTES PAGE 2 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 Gary Bess Associates -agreement with Gary Bess for consultation services for the Connecting Circles of Care (CCOC) program. The term of the agreement is July 1, 2010 through June 30, 2011 for a maximum amount payable of $62,914 (department budget utilizing CCOC funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Behavioral Health) 4. Thomas Lancaster, M.D. -agreement with Thomas Lancaster, M.D. to provide psychiatric services and to oversee medical treatment of Butte County Behavioral Health clients. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $306,400 (department budget utilizing State and Federal Medi-Cal funds) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) GeorEe Richard Heitzman, M.D. -agreement with George Richard Heitzman, M.D. for psychiatric services. The term of the agreement is July 1, 2010 through June 30, 2011 with the maximum amount payable of $125,000 (department budget utilizing Federal and State Medical funds) -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) J. GreEory LonE, D.O. -agreement with J. Gregory Long, D.O. for psychiatric services. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $285,250 (department budget utilizing MHSA, State and Federal Medical funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) Michael Hitchko, Ph.D. -agreement with Michael Hitchko, Ph.D. for psychological services. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $52,875 (department budget utilizing Realignment, State and Federal Medi-Cal and MHSA funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) Northern Valley Catholic Social Services -agreement with Northern Valley Catholic Social Services for mental health services for children with full scope Medi-Cal and children not eligible to Medi-Cal who are referred and funded by the CCOC grant. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $187,686.52 (department budget utilizing Federal and State Medi-Cal and CCOC funds) - action requested -APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) BOARD OF SUPERVISORS MINUTES PAGE 3 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 9. Windsor Healthcare, LLC d.b.a. Windsor Chico Creek & Rehabilitation -agreement with Windsor Healthcare for meals for patients at the Psychiatric Health Facility. The term of this agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $51,254 (department budget utilizing State Managed Care revenue) - action requested -APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR CONTROLLER. (Behavioral Health) 10. Tri-County Treatment -amendment to the agreement with Tri-County Treatment for residential drug rehabilitation services. The amendment increases the maximum amount payable by $37,013.14 (department budget utilizing grant funds) -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 11. Stonewall Alliance of Chico -amendment to the agreement with Stonewall Alliance of Chico for education, outreach, training and suicide prevention for the Gay, Lesbian, Transgender, Questioning Suicide and Prevention and Education (GLBTQ) program. The amendment decreases the maximum amount payable by $11,875 -action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 12. Fixed Asset Purchases -request to purchase two sedan vehicles fitted with plexiglass barriers between the front and back seats. The estimated cost is $50,000 (utilizing MHSA funds). The vehicles will be used for out-of-county transports and will save funds that would be used for contracted transportation -action requested -APPROVE PURCHASE OF TWO SEDANS AND APPROVE RELATED BUDGET ADJUSTMENT AS DETAILED IN THE AGENDA REPORT. (Behavioral Health) 13. Accept Unanticipated Revenue -approval is requested to appropriate $744,460 in unexpended SAMHSA Connecting Circles of Care grant funds received in FY 2009-2010. This action will appropriate the unexpended revenue in the current budget year -action requested -APPROVE BUDGET ADJUSTMENT. (Behavioral Health) 14. Accept Unanticipated Revenue -approval is requested to accept and appropriate $377,371 in unanticipated revenue from the State of California Department of Mental Health Services Act (MHSA) Revenue for the Workforce Education and Training component of MHSA -action requested -APPROVE BUDGET ADJUSTMENT. (Behavioral Health) BOARD OF SUPERVISORS MINUTES PAGE 4 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - JULY Z7, 2010 15. California Counties Mental Health Services Authority (Cal MHSA) - On October 27, 2009 the Butte County Board of Supervisors approved Butte County Department of Behavioral Health's membership in Cal MHSA. The purpose of Cal MHSA is to administer the statewide MHSA Prevention Early Intervention (PEI) projects. Membership allows for joint development and funding of mental health services and education programs as determined on a regional, statewide, or other basis -action requested -APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF BEHAVIORAL HEALTH TO SIGN NECESSARY DOCUMENTS. (Behavioral Health) 16. HousinE Authority of the County of Butte (HACB) -agreement with HACB for housing assistance for consumers participating in the Homeless Mentally III program. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $84,297 (department budget utilizing MHSA and HUD Samaritan Award money) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 17. Debra Lucero & Associates -amendment to the agreement with Debra Lucero & Associates for tourism related services. The amendment extends the term of the agreement for a fourth year at the same annual cost as last year ($45,000). The term ends July 31, 2011 -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office) 18. Superior Court of California, County of Butte -agreement with Superior Court of California for all services provided by Butte County to the Court pursuant to Government Code §77212(d)(1) for FY 2010-2011 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office) 19. Introduction of an Ordinance Re~ardin~ Compensation of Members of the Board of Supervisors, RepealinE Section 2-19.6 of the Butte County Code and AdoptinE the Benefits Contained in Resolution 09-170 -The proposed ordinance combines and restates compensation for members of the Board of Supervisors, including salary and benefits, in order to have a single point of reference regarding Board Member compensation. The salary and benefits currently received by Board Members are not changed by this ordinance. The proposed ordinance will remove reference from the Butte County Code, combine all salary and benefit information in a single ordinance, and provide for Board Member benefits to conform to benefits adopted for elected department heads, by resolution in December 2009 -action requested -WAIVE THE FIRST READING OF THE ORDINANCE. (Chief Administrative Office) 20. Approval of Minutes -action requested -APPROVE THE MINUTES OF JULY 9, 2010. (Chief Administrative Office) BOARD OF SUPERVISORS MINUTES PAGE 5 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 21. BudEet Adjustment -Lippe Gaffney Wagner, LLP, which served as attorneys for the Dry Creek Coalition of Butte County, submitted a request for payment of $146,675.38 on June 30, 2011 as ordered by the Superior Court. The request was received after the approval of the FY 2010-2011 Budget, therefore no funding or appropriations were included in the proposed budget. Approval is requested for a transfer from contingencies to cover the payment - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Chief Administrative Office) 22. Request for Consolidation of Elections -Various Community College and School Districts As required by Division 1, Part 4, Chapter 3 of the California Education Code, if an election is held it must be consolidated with the statewide General Election to be held November 2, 2010. Resolutions and notices have ordered general district elections be held for the following: Butte-Glenn Community College District, Yuba Community College District, Biggs Unified School District, Chico Unified School District, Durham Unified School District, Gridley Unified School District, Marysville Joint Unified School District, Paradise Unified School District, Oroville Union High School District, Bangor Elementary School District, Feather Falls Union Elementary School District, Golden Feather Union Elementary School District, Manzanita Elementary School District, Oroville City Elementary School District, Palermo Union School District, Pioneer Union Elementary School District, and Thermalito Union Elementary School District -action requested -APPROVE CONSOLIDATIONS. (Clerk-Recorder/Elections) 23. Request for Consolidation of Elections -Various Special Districts - As required by Division 10, Part 4 of the California Elections Code, if an election is held it must be consolidated with the Statewide General Election to be held November 2, 2010. Resolution and notices have ordered general district elections be held for the following: EI Medio Fire Protection District, Durham Irrigation District, Paradise Irrigation District, South Feather Water and Power Agency, Thermalito Water and Sewer District, Lake Oroville Public Utility District, Chico Area Recreation and Park District, Durham Recreation and Park District, Feather River Recreation and Park District, Paradise Recreation and Park District, and Richvale Recreation and Park District -action requested -APPROVE CONSOLIDATIONS. (Clerk-Recorder/Elections) 24. Request for Consolidation of General Municipal Election -The City of Biggs has submitted Resolution 2010-16 requesting consolidation of the General Municipal Election with the Statewide General Election to be held November 2, 2010, for the purpose of electing three members of the City Council, each serving afour-year term - action requested -APPROVE CONSOLIDATION. (Clerk-Recorder/Elections) 25. Request for Consolidation of General Municipal Election -The City of Chico has submitted Resolution 25-10 requesting consolidation of the General Municipal Election with the Statewide General Election to be held November 2, 2010, for the purpose of electing three members of the City Council, each serving afour-year term -action requested -APPROVE CONSOLIDATION. (Clerk-Recorder/Elections) BOARD OF SUPERVISORS MINUTES PAGE 6 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 26. Request for Consolidation of General Municipal Election -The City of Gridley has submitted Resolution 2010-R-020 requesting consolidation of the General Municipal Election with the Statewide General Election to be held November 2, 2010, for the purpose of electing two members of the City Council, each serving afour-year term - action requested -APPROVE CONSOLIDATION. (Clerk-Recorder/Elections) 27. Request for Consolidation of General Municipal Election -The City of Oroville has submitted Resolution 7543 requesting consolidation of the General Municipal Election with the Statewide General Election to be held November 2, 2010, for the purpose of electing the following: 1) one mayor for a four year term; 2) three members of the City Council, each for afour-year term; and 3) one City Treasurer for afour-year term. The resolution also requests to submit one measure question to the voters related to reducing the City of Oroville utility user's tax for telecommunications and video services -action requested -APPROVE CONSOLIDATION. (Clerk-Recorder/Elections) 28. Resolution RecoEnizinE AuEust 2010 as Child Support Awareness Month -action requested -ADOPT RESOLUTION NO. 10-108 AND AUTHORIZE THE CHAIR TO SIGN. (Child Support Services) 29. Access Information ManaEement -amendment to the agreement for confidential document shredding. The amendment extends the term of the contract to June 30, 2011 and increases the maximum amount payable by $1,800 (department budget) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (District Attorney) 30. Butte County Probation Department communication services to the Probation 1, 2010 through June 30, 2013 with (department budget) -action requested CHAIR TO SIGN SUBJECT TO REVIEW CONTROLLER. (District Attorney) - agreement for the provision of radio Department. The term of the agreement is July a maximum amount receivable of $90,000 - APPROVE AGREEMENT AND AUTHORIZE THE BY COUNTY COUNSEL AND THE AUDITOR- 31. Ratify Grant Application for ConEressional DesiEnated DruE EndanEered Children (DEC) ProEram -ratification is requested for a grant application submitted to the U.S. Department of Justice for the DEC program. The anticipated grant amount is $400,000 over a period of three years. There is no County match required -action requested - RATIFYSUBMISSION OF GRANT APPLICATION TO THE DEPARTMENT OF JUSTICE. (District Attorney) 32. Youth for Change -agreement with Youth for Change for supervised visitation services. The term of the agreement is August 2, 2010 through June 30, 2011 with a maximum amount payable of $60,000 (department budget) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) BOARD OF SUPERVISORS MINUTES PAGE 7 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 33. Joe M. Azevedo, Ph.D. -agreement with Joe M. Azevedo, Ph.D. for Learning Disability Evaluations for CaIWORKS Clients. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $45,000 (department budget) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) (Contract X16507) 34. Northern Valley Catholic Social Services (NVCSS) -agreement with NVCSS for Cal Learn Program case management services. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $210,800 (department budget) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) (Contract X18289) 35. Private Industry Council (PIC) -revenue agreement with PIC to fund a portion of the salary of a full-time Veterans Service Representative in the Veterans Service Office. The position, which has a sunset date of June 30, 2011, was approved as part of the FY 2010- 2011 budget. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount receivable of $41,500 (department budget) -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) 36. Accept Unanticipated Revenue -request to accept and appropriate $122,688 received through the State Temporary Assistance for Needy Families Programs for increased expenditures in basic assistance, short-term non-recurrent benefits, and subsidized employment programs -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. (Employment and Social Services) 37. Oroville Veterans Memorial Hall Committee - request to appoint the following individuals to terms to end June 30, 2011: Veterans of Foreign Wars of the U.S. (VFW) Post 1747 -Richard S. Robertson as Delegate and Dennis Wolfe as Alternate; and Citizen Veteran, John D. Archibald -action requested -MAKE APPOINTMENTS. (General Services) 38. RecoloEy Butte Colusa Counties - IFB 52-10 was issued to solicit bids for solid avast and recycling services at Butte County facilities. Recology Butte Colusa Counties submitted the lowest bid. The term of the agreement is September 1, 2010 through August 31, 2013 with a maximum amount payable of $69,624 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (General Services) 39. VistaNet, Inc. -agreement with VistaNet, Inc. for the installation of a replacement for the County Octel Voicemail system that was damaged by lightning in May. The term of the agreement is June 23, 2010 through June 30, 2011 with a maximum amount payable of $174,543.42 (department budget) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Information Systems) BOARD OF SUPERVISORS MINUTES PAGE 8 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 40. Library Donations -The Library has received the following donations for books: $2,400 from Paradise Friends of the Library; $100 from Maudie Penney; and $2,630 from Chico Friends of the Library -action requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. (Library) 41. Amendments for Counseling Services -amendments to agreements for assessment, treatment, counseling, and case management for at-risk youth. The amendments are as follows: 1) Christina Wong -extends the term of the agreement through June 30, 2011 and increases the maximum amount payable by $66,000 (department budget utilizing Youthful Offender Block Grant); and 2) Lisa Creamer O'Donnell -extends the term of the agreement through June 30, 2011 and increases the maximum amount payable by $72,179 (department budget utilizing Connecting Circles of Care Grant) - action requested -APPROVE AGREEMENT AMENDMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Probation) 42. Amendments for Services Funded through Juvenile Justice Crime Prevention Act (JJCPA) - approval is requested for the following amendments: 1) Gary Bess Associates -for evaluation of community based organizations within Probation's JJCPA plan. The amendment extends the term through June 30, 2011 and increases the maximum amount payable by $40,000; 2) Matson & Isom -for auditing services for JJCPA funded programs. The amendment extends the term through June 30, 2011 and increases the amount payable by $7,200; and 3) Boys and Girls Club of the North Valley -for after school programs and activities for youth ages 12 to 17 in Oroville, Chico and Paradise. The amendment extends the term of the agreement through June 30, 2011 and increases the maximum amount payable by $233,602.86 -action requested -APPROVE AGREEMENT AMENDMENTS (3) AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Probation) 43. Resolution Increasing the Public Health Department Change Fund -The department requests approval to increase the change fund from $500 to $650. The increase will allow the department to operate six cash drawers at various locations around the county -action requested -ADOPT RESOLUTION NO. 10-110 AND AUTHORIZE THE CHAIR TO SIGN. 44. Acceptance of Allocation Agreement with California Department of Public Health (CDPH) - CDPH has allocated $150,000 for the tobacco education program. The funding covers the period of July 1, 2010 through June 30, 2011 -action requested -APPROVE ACCEPTANCE OF ALLOCATION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health) BOARD OF SUPERVISORS MINUTES PAGE 9 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 45. GreE Costo -agreement with Greg Costo to serve as the Public Health Department's Lab Director. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum payable of $70,000 (department budget) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health) 46. Linda Lewis -agreement with Linda Lewis to provide grant support for the Public Health Emergency Preparedness Program. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $70,500 (department budget) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health) 47. Contract Change Order for the Update of the Thermalito Master DrainaEe Plan -change order and agreement amendment with RBF Consulting to extend the term of the agreement through July 27, 2010 to allow for the final payment of the contract to be made - action requested - APPROVE THE CONTRACT CHANGE ORDER AND AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works) 48. Monthly Investment Report -submitted is the Monthly Investment Report dated May 31, 2010, in accordance with the Statement of Investment Policy dated July 1, 2009 - action requested -ACCEPT FOR INFORMATION. (Treasurer/Tax Collector) 49. State of California Employment Development Department (EDD) -agreement with EDD for wage and employment verification data used in the collection of delinquent court fines and fees through the wage garnishment process. The term of the agreement is July 1, 2010 through June 30, 2013 with a maximum amount payable of $27,000 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Treasurer/Tax Collector) 50. Rescission of Sale of 2002 Tax Auction Property (APN 039-080-019-000) - Per Revenue & Taxation Code section 3731, if it is determined that a property should not have been sold at a tax auction, the sale may be rescinded by the Board of Supervisors with the written consent of the county's legal advisor and the purchaser of the property. APN 039-080-019 was erroneously sold at tax auction in 2002, however, the property should have been removed from the County's property tax rolls in 1981 as it was part of an abandoned water agency ditch. The purchaser and County Counsel have provided written consent for the rescission and the purchaser is entitled to a refund of the amount paid for the tax auction property, plus interest -action requested -AUTHORIZE THE TREASURER-TAX COLLECTOR TO RESCIND THE SALE OF ASSESSMENT NUMBER 039- 080-019-000 AND AUTHORIZE THE AUDITOR TO ISSUE A REFUND TO THE PURCHASER. (Treasurer/Tax Collector) BOARD OF SUPERVISORS MINUTES PAGE 10 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 51. Request for Consolidation of General Municipal Election -The Town of Paradise submits Resolution 10-24 requesting consolidation of the General Municipal Election with the Statewide General Election to be held November 2, 2010, for the purpose of electing two members of the Town Council, each serving afour-year term -action requested - APPROVE CONSOLIDATION. (Clerk-Recorder/Elections) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 3.18 AND 3.40 WHICH WERE 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) REGULAR AGENDA 1020-003 Boards, Commissions and Committees 1. Appointments to Listed Vacancies (None) 2. Board Member or Committee Reports SUPERVISOR YAMAGUCHI REPORTED ON THE BUTTE COUNTY BEHAVIORAL HEALTH BOARD. CHAIR CONNELLY REPORTED ON HIS ATTENDANCE AT THE NATIONAL ASSOCIATION OF COUNTIES. 3. Update of Current BudEet and Legislative Issues by the Chief Administrative Officer. SCOTT TANDY, INTERIM CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT TO THE BOARD. HE ANNOUNCED THAT AN AGREEMENT HAS BEEN NEGOTIATED WITH PAUL HAHN FOR THE POSITION OF PERMANENT CHIEF ADMINISTRATIVE OFFICER AT AN ANNUAL SALARY OF $217,000 FOR A THREE YEAR PERIOD. MR. HAHN'S TERM WILL BEGIN SEPTEMBER 13, 2010. BOARD OF SUPERVISORS MINUTES PAGE 11 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 1020-004 Update of General Plan 2030 Process by Director-Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES, PROVIDED A REPORT TO THE BOARD. (14:12) PUBLIC HEARINGS AND TIMED ITEMS 1020-005 Public HearinE -Vacation of Unnecessary Public RiEhts of Way on AEuas Frias Road at Butte Creek -The Aguas Frias Road Bridge over Butte Creek construction has been completed. As part of the right of way purchase agreements, the County has agreed to vacate unnecessary portions of the Aguas Frias Road rights of way, which will be combined with the adjoining properties -actions requested - 1) IF NO PUBLIC OBJECTION, FIND THAT THE RIGHTS OF WAY DESCRIBED IN THE NOTICE OF HEARING ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE; 2) ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 3) APPROVE THE QUIT CLAIM DEEDS TO C. WILLIAM JOHNSON AND BRENT OWENS AND AUTHORIZE THE CHAIR TO SIGN; AND 4) DIRECT CLERK OF THE BOARD TO FILE AND RECORD A CERTIFIED COPY OF THE RESOLUTION NO. 10-111 AND THE QUIT CLAIM DEEDS WITH THE CLERK-RECORDER'S OFFICE. (Department of Public Works) PRESENTATION BY MIKE CRUMP, DIRECTOR OF PUBLIC WORKS AND STUART EDELL, DEPUTY DIRECTOR OF PUBLIC WORKS. PUBLIC HEARING OPENED: 9:34 A.M. PUBLIC HEARING CLOSED: 9:34 A.M. MOTION: I MOVE TO FIND THAT THE RIGHTS OF WAY DESCRIBED IN THE NOTICE OF HEARING ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE; 2) ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; 3) APPROVE THE QUIT CLAIM DEEDS TO C. WILLIAM JOHNSON AND BRENT OWENS AND AUTHORIZE THE CHAIR TO SIGN; AND 4) DIRECT CLERK OF THE BOARD TO FILE AND RECORD A CERTIFIED COPY OF THE RESOLUTION AND THE QUIT CLAIM DEEDS WITH THE CLERK-RECORDER'S OFFICE. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) BOARD OF SUPERVISORS MINUTES PAGE 12 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 ITEMS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA 1020-006 Sierra Oro Farm Trail Association -amendment to the agreement with Sierra Oro Farm Trail Association for services related to agriculture tourism, with the primary service provided under this contract being the creation and maintenance of a Butte County Farm Trail Map. The amendment extends the term of the agreement for a fourth year at the same annual cost as last year ($15,000). The term ends July 31, 2011 -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office) CHAIR CONNELLY REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. JAMIE JOHANNSON FROM SIERRA FARM TRAIL ASSOCIATION ADDRESSED THE BOARD. (44:35) MOTION: I MOVE TO APPROVE AGREEMENT AMENDMENT 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) PUBLIC HEARINGS AND TIMED ITEMS 1020-007 Public HearinE -Itemized Cost of Nuisance Abatement for Property Located at 15622 Coutelenc Road, MaEalia, CA, APN 065-040-038 -This property was abated by the County between February 22 and March 2, 2010 -action requested -APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $10,937.84; 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. (Department of Development Services) PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENTSERVICES. PUBLIC HEARING OPENED: 9:54 A.M. PUBLIC HEARING CLOSED: 10:07 A.M. BOARD OF SUPERVISORS MINUTES PAGE 13 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 MR.SCHOBERT, THE PROPERTY OWNER, ADRESSED THE BOARD. (55:06) MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $10,937.84; 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. (1:03:54) 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) REGULAR AGENDA 1020-008 Award of Contract for the Construction of Module 4, Phase D Base Liner for the Neal Road Recycling and Waste Facility, Butte County Project 757-5917 -Bids for this project were originally received on June 8, 2010 and were rejected by the Board of Supervisors who directed the department to re-advertise the project with changes to the plans and specifications. The new bids were opened on July 12, 2010 with Ford Construction Company selected as the lowest responsive bidder with a bid $2,191,262. The Director of Public Works will present a list of bids received at the Board meeting -action requested - AWARD THE PROJECT TO FORD CONSTRUCTION COMPANY AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT WITH THE LOW BIDDER SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Department of Public Works) MIKE CRUMP, DIRECTOR OF PUBLIC WORKS PROVIDED A REPORT TO THE BOARD. MOTION: I MOVE TO AWARD THE PROJECT TO FORD CONSTRUCTION COMPANY AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT WITH THE LOW BIDDER SUBJECT TO APPROVAL BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1020-009 Items Removed from the Consent Agenda for Board Consideration and Action: Resolution to Amend the Salary Ordinance -The resolution will amend the salary ordinance as follows: TREASURER TAX-COLLECTOR -requests to reclassify one position of Central Collections Supervising Accounting Specialist to Supervisor, Central Collections Accounting & Administrative Support. This reclassification was agreed to by both the Butte County Management Employee's Association and the Human Resources Department. This change will leave the total allocations in the department unchanged. HUMAN RESOURCES -concurrent with the reclassification request from the Treasurer Tax- Collector, the Human Resources Department requests to delete the classification of Central Collections Supervising Accounting Specialist from Reference F, titled "Management, Confidential and Supervisory Unit" of the Salary Ordinance. This classification is no longer BOARD OF SUPERVISORS MINUTES PAGE 14 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - JULY Z7, 2010 needed with the creation of the Supervisor, Central Collections Accounting & Administrative Support Classification. BEHAVIORAL HEALTH -requests to flexibly staff a current Contract Specialist position to a Contract Specialist, Senior/Contract Specialist position. This change will allow for greater flexibility when hiring in this department and will leave the total allocations in the department unchanged. In addition, the department requests to move one position of Behavioral Health Counselor II/I from budget unit 541-013 to 541-012 effective July 1, 2010. Funding for Prop. 36, which funded this position, has been completely eliminated for FY 10/11. This change, which was accounted for in the FY 10/11 budget submitted by the department, will eliminate the allocation in budget unit 541-013 and increase the allocations in budget unit 541-012 from 20.5 to 21.5. PUBLIC HEALTH -requests to delete one position of Vital Stats Records Specialist and add one position of Supervising, Public Health Nutritionist and one position of Administrative Assistant/Office Specialist, Senior/Office Specialist. Funding for the Supervisor, Public Health Nutritionist position will be provided by the Women's Infants and Children (WIC) grant. This change will increase the total allocations in the department from 158.1 to 159.1. SHERIFF -requests to change one sunset position of Deputy Sheriff with an end date of June 30, 2011 to a regular help position with no sunset date. This request is correcting a previous action establishing the position as a sunset position when it should have been added as a regular help position with no sunset date. This change will leave the total allocations in the department unchanged -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MARJORIE CUSICK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR. DISTRICT ATTORNEY, MIKE RAMSEY, ADDRESSED THE BOARD. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: MARJORIE CUSICK, ANASTACIA SNYDER, LINDSAY HENSHER, CHARLEY TURNER, DAWN FRANK, AND STEPHANIE JIMENEZ. (2:19:08) MOTION: I MOVE TO ADOPT THE RESOLUTION TO AMEND THE SALARY ORDINANCE WITH THE EXCEPTION OF THE DISTRICT ATTORNEY'S VICTIMS COUNSELOR PIECE REMOVED AND DIRECT STAFF TO PROVIDE A REPORT AT THE AUGUST 10, 2010 BOARD OF SUPERVISORS MEETING REGARDING ASSEMBLY BILL 2405. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) BOARD OF SUPERVISORS MINUTES PAGE 15 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 RECESS Recessed at 11:23 a.m. as the Butte County Board of Supervisors and convened as the Thompson Flat Cemetery District Board of Directors. BOARD OF SUPERVISORS MINUTES PAGE 16 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 THOMPSON FLAT CEMETERY DISTRICT BOARD OF DIRECTORS MINUTES JULY 27.2010 1004-001 MOTION VOTE: Called to order at 11:23 a.m. in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Dolan, Kirk, Lambert, Yamaguchi and Chair Connelly. Also present: Assistant Clerk, Kathleen Moghannam. CONSENT AGENDA 1. Financial Audit and ManaEement Recommendations -submitted are the Financial Audit and Management Recommendations which were prepared by Robert A. Gustafson, CPA. The audit period was June 30, 2004 through June 30, 2009 -action requested -ACCEPT FOR INFORMATION. 2. Adoption of Fiscal Year 2010-2011 BudEet -submitted is the proposed FY 2010/2011 Thompson Flat Cemetery District Budget -action requested -ADOPT THE FY 2010/2011 THOMPSON FLAT CEMETERY DISTRICT BUDGET. I MOVE TO APPROVE THE CONSENT AGENDA. M 2 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PUBLIC COMMENT (NONE) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California State Law, the Board is prohibited from taking action on any item not listed on the agenda. ADJOURNMENT Adjourned at 11:25 a.m. as the Thompson Flat Cemetery District Board of Directors and convened as the Butte County In-Home Supportive Services Public Authority Board. BOARD OF SUPERVISORS MINUTES PAGE 17 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES JULY 27 , 2010 1007-001 MOTION VOTE: Called to order at 11:25 a.m. in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Dolan, Kirk, Lambert, Yamaguchi and Chair Connelly. Also present: Assistant Clerk, Kathleen Moghannam. CONSENT AGENDA 1. Department of Employment and Social Services (DESS) -agreement with DESS for In- Home Supportive Services provider orientation, enrollment, background-check activities, and appeals. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $75,000 -action requested -APPROVE AGREMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 2. Pamela Hospers -employment agreement with Pamela Hospers as Public Authority Supervisor. This position was approved at the July 13, 2010 Board of Supervisors meeting as a result of the elimination of the Public Authority Manager position. The term of the agreement begins August 1, 2010 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. I MOVE TO APPROVE THE CONSENT AGENDA. M 2 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) ADJOURNMENT Adjourned at 11:26 a.m. as the In-Home Supportive Services Public Authority Board and reconvened as the Butte County Board of Supervisors. BOARD OF SUPERVISORS MINUTES PAGE 18 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 CLOSED SESSION 1020-010 THE BOARD RECESSED AT 11:27 A.M. TO CLOSED SESSION REGARDING: CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA (SSW), BCMEA, PPOA, PEA, DSA -MANAGEMENT/SUPERVISORY UNIT, DSA-GENERAL UNIT, BCCOA -SUPERVISORY UNIT, BCCOA -GENERAL UNIT. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a): FIVE CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. NORTH CONTINENT LAND & TIMBER, INC. V. COUNTY OF BUTTE, ET AL; SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2010-80000542; 3. BUTTE ENVIRONMENTAL COUNCIL V. COUNTY OF BUTTE, BUTTE COUNTY SUPERIOR COURT CASE NO. 144968; 4. SIGNALIZED INTERSECTION WEST, LLC V. COUNTY OF BUTTE, SUPERIOR COURT CASE NO. 145636. 5. BUTTE COUNTY V. PHILLIP HOGEN, CHAIRMAN NATIONAL INDIAN GAMING COMMISSION, ET AL; UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT NO. 1:08-CV-00519 BOARD OF SUPERVISORS MINUTES PAGE 19 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (C) -ONE POTENTIAL CASE PUBLIC EMPLOYEE EMPLOYMENT/ APPOINTMENT/ AND RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. THE BOARD RECONVENED AT 1:12 P.M. TO CLOSED SESSION REGARDING: CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING EMPLOYEE ORGANIZATIONS: BCEA (SSW), BCMEA, PPOA, PEA, DSA -MANAGEMENT/SUPERVISORY UNIT, DSA-GENERAL UNIT, BCCOA -SUPERVISORY UNIT, BCCOA -GENERAL UNIT. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a): FIVE CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. NORTH CONTINENT LAND & TIMBER, INC. V. COUNTY OF BUTTE, ET AL; SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2010-80000542; 3. BUTTE ENVIRONMENTAL COUNCIL V. COUNTY OF BUTTE, BUTTE COUNTY SUPERIOR COURT CASE NO. 144968; 4. SIGNALIZED INTERSECTION WEST, LLC V. COUNTY OF BUTTE, SUPERIOR COURT CASE NO. 145636. 5. BUTTE COUNTY V. PHILLIP HOGEN, CHAIRMAN NATIONAL INDIAN GAMING COMMISSION, ET AL; UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA BOARD OF SUPERVISORS MINUTES PAGE 20 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 CIRCUIT NO. 1:08-CV-00519 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (C) -ONE POTENTIAL CASE PUBLIC EMPLOYEE EMPLOYMENT/ APPOINTMENT/ AND RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. (No Announcements) PUBLIC HEARINGS AND TIMED ITEMS 1020-011 Timed Item -Consideration of Staff-Supported Clean-ups to the General Plan 2030 Land Use Map and Five Additional Requests Received from the Public -State law requires the new Zoning Map to be consistent with the General Plan 2030 Land Use Map. During staff's comprehensive review of the Draft Zoning Map, staff identified mapping clean-ups which require corrections to the General Plan 2030 Land Use Map. Five public requests concerning General Plan 2030 will also be considered -actions requested - 1. APPROVE STAFF SUPPORTED CLEAN-UPS AND CORRECTIONS TO THE GENERAL PLAN LAND USE MAP; 2. PROVIDE DIRECTION TO STAFF ON PUBLIC REQUESTS; AND 3. APPROVE SPECIFIC REQUESTS CONCERNING GENERAL PLAN 2030 LANGUAGE AND THE LAND USE MAP AS FOLLOWS: A. INCLUDE A NEW ACTION ITEM DIRECTING THE DEVELOPMENT OF A PLANNING STRATEGY FOR THE BUTTE CREEK CANYON AREA; ADDITIONALLY, INCLUDE NEW BACKGROUND INFORMATION ON THE IMPORTANCE OF SALMON FISHERIES IN BUTTE CREEK; B. MAKE CORRECTIONS AND AMENDMENTS RELATED TO TIMBER RESOURCES AS REQUESTED BY SIERRA PACIFIC INDUSTRIES; AND C. CHANGE THE DESIGNATION NEAR SOUTHSIDE OROVILLE FROM MEDIUM DENSITY RESIDENTIAL TO MEDIUM HIGH DENSITY RESIDENTIAL (MHDR) FOR TWO PARCELS TOTALING 4 (+/-) ACRES WITH DIRECTION TO STAFF TO MAKE MULTIPLE-FAMILY HOUSING PROJECTS IN THE MHDR ZONE SUBJECT TO A MINOR USE PERMIT UNDER THE NEW ZONING ORDINANCE. (Department of Development Services) PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND DAN BREEDON, PRINCIPAL PLANNER. 1020-012 Staff Supported Cleanups: Forest Ranch. Cohasset. Chico, and Paradise (as shown on paee 16 throueh the top section of paee 19 in the staff report) THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: HOWARD JOHNSON, LARRY CUDAD AND MICHAEL REILLEY BOARD OF SUPERVISORS MINUTES PAGE 21 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 MOTION: I MOVE TO APPROVE THE STAFF SUPPORTED CLEAN-UPS IN CHICO, FOREST RANCH AND PARADISE WITH THE EXCEPTION OF THE PROPERTY LOCATED AT 2801 GODMAN AVENUE CHICO (APN 007-220-023) AND WITH THE EXCEPTION OF PARCELS IDENTIFIED FOR DEER HERD OVERLAY CORRECTIONS WHICH WILL COME FORWARD FOR DISCUSSION ON THE AUGUST 24, 2010 BOARD OF SUPERVISORS MEETING. (34:00) VOTE: 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1020-013 Staff Supported Cleanups: Timber Production Zone MOTION: I MOVE TO APPROVE THE CLEANUPS OF THE TIMBER PRODUCTION ZONE. (37:50) M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1020-014 Staff Supported Cleanups: Deer Herd Overlay THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: ROB ROMAGUERA, CAROLYN BURKETT, AMY KING, AND LINDA CIMINO THE BOARD DID NOT TAKE ANY FORMAL ACTION ON THE DEER HERD OVERLAY CLEANUPS. THE BOARD DIRECTED STAFF TO BRING BACK AN ANALYSIS OF WHETHER THE DEER HERD OVERLAY DOES NOT ADVERSELY AFFECT THE GENERAL PLAN 2030 ENVIRONMENTAL IMPACT REPORT. (51:30) 1020-015 Staff Supported Cleanups: Four Existing Designated Development Zones in the Deer Herd Overlay: THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: ALLEN HAWTHORNE AND ROBIN HUFFMAN. MOTION: I MOVE TO APPROVE THE FOUR EXISTING DESIGNATED DEVELOPMENT ZONES IN THE DEER HERD OVERLAY. 2 M VOTE: 1 Y 2 N 3 Y 4 Y 5 Y (MOTION CARRIED 4-1) BOARD OF SUPERVISORS MINUTES PAGE 22 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 1020-016 Staff supported clean ups: Durham. Dayton. Nelson. Richvale (1:10:57) THE FOLLOWING MEMEBRS OF THE PUBLIC ADRESSED THE BOARD: ERNESTO ALVARDO AND ALLEN HAWTHORNE. MOTION: I MOVE TO ACCEPT THE STAFF RECOMMENDATIONS AS PRESENTED. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1020-017 Staff supported clean ups - Berry Creek. Feather Falls MOTION: I MOVE TO APPROVE STAFF RECOMMENDATIONS AS PRESENTED. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1020-018 Staff supported clean ups - Oroville. Clipper Mills. Forbestown (1:16:44) MOTION: I MOVE TO APPROVE THE STAFF SUPPORTED CHANGES. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1020-019 Staff supported clean ups - Biees Gridley Area (1:21:18) MOTION: I MOVE TO ACCEPT STAFF RECOMMENDATIONS. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1020-020 Individual requests -Butte Creek Canyon Area PUBLIC COMMENT: LINDA CIMINO, RICK SWITZER, BOB JAMES AND ALLEN HAWTHORNE. MOTION: I MOVE TO DIRECT STAFF TO WORK WITH BUTTE CREEK CANYON RESIDENTS AND LOCAL GROUPS TOWARD ADOPTING A PLANNING STRATEGY FOR CREATION OF A BUTTE CREEK CANYON OVERLAY. (1:52:33) M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) BOARD OF SUPERVISORS MINUTES PAGE 23 July 27, 2~1~ BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JULY 27, 2010 Recess: 3:10 P.M. Reconvene: 3:27 P.M. 1020-021 Individual requests -Petition Concerning Doe Mill/Honey Run Specific Planning Area PUBLIC COMMENT: PAMELA POSEY, BILL BROUHARD, ROBIN HUFFMAN, RICK SWITZER, ALLEN HAWTHORNE, AND CAROLINE BURKETT THE BOARD DIRECTED THAT THE DOE MILL SPECIFIC PLANNING AREA WILL REMAIN THE SAME. NO CHANGES WERE MADE TO THE PREVIOUSLY APPROVED PLANNING AREA. (2:07:51) 1020-022 Individual requests -Requests for Specific Changes to General Plan 2030 Policy Related to Timber Resources (2:14:24) PUBLIC COMMENT: RICK SWITZER, ALLEN HAWTHORN E, AND CEDRIC TWIGHT. MOTION: I MOVE TO AMEND THE LANGUAGE IN COS-P11.1 TO SHOW: THE COUNTY SUPPORTS AND PROMOTES SUSTAINABLE TIMBER PRODUCTION; TO DEFINE THE WORD 'CONSERVE' AS SUSTAINABLE USE OF NATURAL RESOURCES AND TO ADD THAT DEFINTION TO THE GENERAL PLAN 2030 GLOSSARY; AND TO REMOVE THE WORD 'WISE' IN THE DEFINITION OF CONSERVATION. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1020-023 Individual requests -Request to Change the Designation Near South Oroville MOTION: I MOVE TO APPROVE STAFF'S RECOMMENDATION. (2:50:00) 2 M VOTE: 1 Y 2 N 3 N 4 Y 5 Y (MOTION CARRIED 3-2) 1020-024 Individual Requests -Request to Change General Plan 2030 Designations for an Existing Subdivision on Hegan Lane PUBLIC COMMENT: GORDON TAYLOR (10:58:33) THE BOARD DID NOT TAKE ACTION ON THIS REQUEST AS STAFF ADVISED THE BOARD THAT THIS REQUEST WILL BE ADDRESSED IN THE ZONING ORDINANCE CURRENTLY UNDER REVIEW. BOARD OF SUPERVISORS MINUTES PAGE 24 July 27, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - JULY Z7, 2010 1020-025 PUBLIC COMMENT MARK ADAMS ADDRESSED THE BOARD REGARDING STUDY AREA 24, STRINGTOWN MOUNTAIN STRATEGIC PLAN AND REQUESTED RESOLUTION OF CONFLICTS BETWEEN OVERLAYS AND PLANS. THE BOARD DIRECTED THIS SUBJECT SHOULD COME BACK FOR DISCUSSION ON AUGUST 24, 2010 OLIVIA NEWSOM-GRIECO REQUESTED THAT 100% OF THE PARCELS IN THE NORTH TABLE MOUNTAIN AREA ALONG COAL CANYON ROAD BE PLACED IN A UNIQUE AGRICULTURE OVERLAY. THE BOARD DIRECTED THAT THIS REQUEST SHOULD COME BACK FOR DISCUSSION AT THE AUGUST 24, 2010 BOARD MEETING. BRUCE MCCLINTOCK REQUESTED THAT HIS PARCEL BE CONSIDERED FOR AN AGRICULTURAL SERVICES GENERAL PLAN DESIGNATION PER BOARD DIRECTION ON JANUARY 21, 2010. THE BOARD DIRECTED THAT THIS REQUEST SHOULD COME BACK FOR DISCUSSION AT THE AUGUST 24, 2010 BOARD MEETING. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 4:45 P.M., TO RECONVENE ATA REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, AUGUST 10, 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: BOARD OF SUPERVISORS MINUTES PAGE 25 July 27, 2010