HomeMy WebLinkAboutm080508BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
AUGUST 5, 2008
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County Supervisors
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Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
C. Brian Haddix, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
Called to order at 9:25 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Dolan, Yamaguchi, Kirk, and Chair
Josiassen. Also present: C. Brian Haddix, Chief Administrative
Officer; Bruce Alpert, County Counsel; and Kathleen Moghannam,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
CORRECTIONS AND/OR CHANGES TO THE AGENDA. (NONE)
CONSENT AGENDA
0818-001 1. Butte County Office of Education (BCOE) - After School
Programs - approval is requested for a revenue agreement with
BCOE for the implementation of the Club Live programs. The
term of the agreement is July 1, 2008 through June 30, 2009
with a maximum amount receivable of $36,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE BUDGET B-7 TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS
DETAILED IN THE AGENDA REPORT. (Contract No.
R41043)(Behavioral Health)
2. MCPP Healthcare Consulting - approval is requested for this
sole source agreement with MCPP for the provision of services
related to the department's transition to the Avatar
Electronic Medical Record system. The term of the agreement
is July 1, 2008 to June 30, 2009 with a maximum amount
payable of $50,000 (department budget)- action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Behavioral Health)
3. Department of Employment and Social Services (DESS) -
approval is requested for an agreement with DESS for the
provision of social services related to the Connecting
Circles of Care program. The term of the agreement is July
1, 2008 through June 30, 2009 with a maximum amount payable
of $78,200 (department budget)- action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X17283)(Behavioral Health)
PAGE 1 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
4. Department of Mental Health (DMH) - amendment - approval is
requested for an amendment to the revenue agreement with DMH
for services provided to individuals who qualify for Medi-
cal funded outpatient mental health services. The amendment
contains revisions in Exhibit B which shows the final
allocated amount for Fiscal Year (FY) 2007/2008 as $2,468,532
(department budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT
RELATED RESOLUTION 08-099 AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. R40886)(Behavioral Health)
5. Department of Employment and Social Services (DESS) -
approval is requested for an agreement with DESS for the
provision of an Alcohol and Drug Resource Specialist for the
Northern California Regional Partnership for Safe and Stable
Families (PSSF) grant. The term of the agreement is October
1, 2007 through June 30, 2010 with a maximum amount
receivable from DESS in the amount of $222,853 - 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-6 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS
DETAILED IN THE AGENDA REPORT.(Behavioral Health)
6. Northern Valley Catholic Social Services (NVCSS) - amendment
- approval is requested for an amendment to the agreement
with NVCSS for the provision of mental health services for
children at North Community Day School and South Community
Day School. The amendment increases the maximum amount
payable by $25,476.66 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X16721)(Behavioral Health)
7. Butte County Behavioral Health Board - action requested -
APPOINT NANCY A. BRYANT AS A COMMUNITY MEMBER; APPOINT DAVID
CLARK AND BARBARA FOY AS CONSUMER MEMBERS TO TERMS TO END
DECEMBER 31, 2011. (Behavioral Health)
8. Resolution Approving the Substance Abuse Crime Prevention Act
of 2000 and Offender Treatment Program - consideration of a
resolution approving Butte County's Fiscal Year 2008/2009
County Plan - action requested - ADOPT RESOLUTION 08-100 AND
AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health)
PAGE 2 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
9. Cash Advance for Community Development Block Grant (CDBG)
Program - authorization is requested for a cash advance of
$100,000 from the General Fund. The County of Butte is
currently operating several grants through the CDBG program.
Funding for each grant is secured with an agreement from the
California Department of Housing and Community Development,
and Butte County requests funds for each grant as a
reimbursement. The cash advance will be replaced once all
reimbursements for Fiscal Year 2008/2009 are received -
action requested - AUTHORIZE CASH ADVANCE OF $100,000 FOR
FISCAL YEAR 2008/2009. (Chief Administrative Office)
10. Tamara Miller, PE - amendment - approval is requested for an
amendment to the agreement with Tamara Miller, PE for the
provision of engineering services related to the submittal
of a loan application to the State Water Resources Control
Board for sewer infrastructure installation in the Greater
Chico Urban Area. The amendment increases the maximum amount
payable by $50,000 - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief
Administrative Office)
11. Fiscal Year (FY) 2008 State Homeland Security Grant Program -
approval is requested for a resolution authorizing the
application for grant funds available through the State
Homeland Security Grant Program -action requested - ADOPT
RESOLUTION 08-101 AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER AND/OR THE
EMERGENCY SERVICES OFFICER TO EXECUTE ALL NECESSARY DOCUMENTS
RELATED TO THE GRANT. (Chief Administrative Office)
12. Resolution Recognizing the Continuing Existence of Local
Emergency Declarations - approval is requested for a
resolution recognizing the continuance of the local emergency
declarations for the June 2008 Firestorm (Ophir-Humboldt
fires) which began on June 10, 2008, and the June 2008 Butte
Lightning Complex which began on June 21, 2008 - action
requested - ADOPT RESOLUTION 08-102 AND AUTHORIZE THE CHAIR
TO SIGN. (Chief Administrative Office)
13. Resolution Proclaiming August 2008 as Child Support Awareness
Month - action requested - ADOPT RESOLUTION 08-103 AND
AUTHORIZE THE CHAIR TO SIGN. (Child Support Service)
PAGE 3 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
14. Request for Consolidation - Biggs Unified School District -
the District has submitted Resolution Number 1 ordering a
general obligation bond election, establishing specifications
of the election order, and requesting consolidation of the
election with the statewide General Election to be held
November 4, 2008 - action requested - APPROVE CONSOLIDATIONS.
(Clerk-Recorder/Elections)
15. Request for Consolidation - El Medio Fire Protection
District - the District has submitted Resolution Number 2008-
02 and Resolution #R-08-003 requesting consolidation of an
election with the statewide General Election to be held
November 4, 2008 for the purpose of submitting to qualified
voters within the boundaries of the District, the question
of the adoption of a special tax for emergency response and
fire protection services - action requested - APPROVE
CONSOLIDATIONS. (Clerk-Recorder/Elections)
16. Request for Consolidation - Oroville Union High School
District - the District has submitted Resolution Number 1-
08/09 ordering a school bond election, establishing
specifications of the election order, and requesting
consolidation of the election with the statewide General
Election to be held November 4, 2008 - action requested -
APPROVE CONSOLIDATIONS. (Clerk-Recorder/Elections)
17. Certification of Statement of Votes Cast - Pursuant to
California Elections Code Section 15372, the Clerk
Recorder/Registrar of Voters submits the Certification of
Statement of Votes Cast for the Direct Primary Election held
on June 3, 2008 - action requested - ACCEPT CERTIFICATION OF
STATEMENT OF VOTES CAST. (Clerk-Recorder/Elections)
18. Brown's River Records Preservation - amendment - approval is
request for this amendment for the provision historical
record restoration and preservation. The amendment extends
the term of the agreement through June 30, 2009. 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. X16048)(Clerk-Recorder/Elections)
PAGE 4 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
19. PFA, Inc - amendment - approval is requested for an amendment
to the agreement with PFA, Inc. for the conversion of records
on microfilm to digital. The amendment extends the term of
the agreement through June 25, 2009. 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. X16618)(Clerk-Recorder/Elections)
20. Pacific Municipal Consultants (PMC) - amendment - approval
is requested for an amendment to the agreement with PMC for
the provision of processing planning applications. The
amendment extends the term of the agreement through June 30,
2009. 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. X16227)(Development
Services)
21. Restore Positions and Accept Unanticipated Building Fee
Revenue - Due to the property damage caused by the recent
fires in Butte County, the department is anticipating an
increase in building permit activity and a related increase
in revenue for Fiscal Year 2008/2009. The department
requests the unanticipated revenue fund four of the fifteen
budget-necessitated position losses identified at the budget
hearings. The four positions are: one Building Inspector
position, two Permit Technician positions, and one Code
Enforcement Officer position for a total cost of $201,561 -
action requested - APPROVE BUDGET TRANSFER B-10 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT IN ORDER TO RESTORE FOUR
POSITIONS WITHIN THE DEPARTMENT. (Development Services)
22. City of Chico Adjustment to Smucker Transportation Impact
Fee - the department was notified that the City of Chico has
agreed to adjust Smucker's transportation Impact Fee to
$6,796.20. This adjustment is a result of a recalculation
of the trips and transportation impacts after Smucker's
expansion/consolidation - action requested - AUTHORIZE
DEVELOPMENT SERVICES TO COLLECT THE CHICO URBAN AREA
TRANSPORTATION IMPACT FEES BASED ON THE CITY OF CHICO'S
ANALYSIS OF THE REDUCED TRAFFIC IMPACT. (Development
Services)
PAGE 5 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
23. Harold Thomas - amendment - approval is requested for an
amendment to the agreement with Harold Thomas which provides
for payment of various expenses associated with his
assignment to the District Attorney's Office to prosecute
environmental crimes. The California Department of Fish and
Game pays Mr. Thomas' salary and benefit costs, and the
County pays for mileage, training, and other business related
expenses. The proposed amendment extends the term of the
agreement to June 30, 2009 and increases the maximum amount
payable by $13,254. All other terms and provisions remain
the same. The funds for Mr. Thomas' expenses are from
monetary settlements of environmental cases - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE BUDGET TRANSFER B-8 (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT. (Contract No. X15184)(District Attorney)
24. California Department of Health Care Services (DHCS) -
approval is requested for this Medi-Cal Data Privacy and
Security agreement with DHCS in order to ensure the privacy
and security of Medi-Cal Personally Indentifiable Information
(PII) The agreement requires that any access, use, or
disclosure of Medi-Cal PII be in accordance with state and
federal regulations and laws - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL. (Employment and Social Services)
25. Northern Valley Catholic Social Service (NVCSS) - approval
is requested for an agreement with NVCSS for the provision
of group, individual, and family counseling and assessment
services. The term of the agreement is July 1, 2008 through
June 30, 2009 with a maximum amount payable of $75,000
(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)
26. Counseling Solutions - approval is requested for an agreement
with Counseling Solutions for the provision of individual,
group, and family counseling services. The term of the
agreement is July 1, 2008 through June 30, 2009 with a
maximum amount payable of $75,000 (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)
PAGE 6 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
27. Regents of the University of California - UC Davis - approval
is requested for this agreement for the provision of training
services needed to successfully meet federal and state
welfare reform requirements. The term of the agreement is
July 1, 2008 through June 30, 2009 with a maximum amount
payable of $29,440 (department budget). The University will
provide an in-kind contribution of $4,416 - action requested
- APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Employment and Social Services)
28. Butte Fire Safe Council - amendment - approval is requested
for an amendment to the revenue agreement with the Butte
Fire Safe Council for the purpose of hiring Cal Fire Tehama
Glenn Conservation Crews for fuel reduction for the Fire Safe
Council on approved projects. The amendment extends the term
of the agreement through June 30, 2009. 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. R40957)(Fire)
29. Butte Fire Safe Council - amendment - approval is requested
for an amendment to the agreement with Butte Fire Safe
Council to implement projects under the Secure Rural Schools
and Community Self-Determination Act of 2000(HR 2389). The
amendment extends the term of the agreement through June 30,
2009. 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. X16265)(Fire)
30. Budget Transfer and Fixed Asset Purchase - approval is
requested for budget transfers in the amount of $17,000. The
funds will be used to purchase two former Butte Unit State
Fire Engines on behalf of two volunteer companies in Forest
Ranch and Butte Creek Canyon. One engine costs $8,000 and
the other $9, 000 - action requested - APPROVE BUDGET TRANSFER
B-9 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS
AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET
PURCHASE OF TWO STATE FIRE ENGINES.(Fire)
31. SIGMA Data Systems, Inc. - amendment - approval is requested
for an amendment to the sole source agreement with SIGMA
which provides system software to support the routine
applicant tracking and processing operations of recruitment
processes. The amendment extends the term of the agreement
through March 5, 2009 and increases the maximum amount
payable by $4,675. 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.
X15169)(Human Resources)
PAGE 7 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
32. Library Donations - pursuant to Government Code Section
25355, donations of $731.80 from the Oroville Friends of the
Library; $135 from an anonymous source; $6, 298 from the Chico
Friends of the Library; $100 from Jackie Curtis in honor of
Richard C. Peters, O.D.; $1,200 from the Paradise Friends of
the Library; $100 from Maudie Penney have been received for
the purchase of books; $471.60 from the Paradise Friends of
the Library has been received for operations - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION. (Library)
33. Butte County Library Board - action requested - APPOINT PAT
KOSKINEN TO A TERM TO END DECEMBER 31, 2008. (Library)
34. Medifax-EDI, LLC - amendment - approval is requested for an
amendment to the sole source agreement with Medifax-EDI, LLC
for the provision of electronic billing services. The
amendment extends the term of the agreement through June 30,
2009 and increases the maximum amount payable by $90,000
(department budget)- action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X11682)(Public Health)
35. Monthly Investment Report - submitted is the Monthly
Investment Report dated June 30, 2008, in accordance with the
Statement of Investment Policy dated July 1, 2007 - action
requested - ACCEPT FOR INFORMATION.(Treasurer/Tax Collector)
36. Trust Under the Butte County Employees' Deferred Compensation
Plan (Rabbi Trust) - amendment - approval is requested for
an amendment to the Rabbi Trust in order to comply with
current IRS requirements - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
ACCEPT FOR INFORMATION COPIES OF THE MODEL PLAN DOCUMENTS FOR
BUTTE COUNTY'S DEFERRED COMPENSATION PLAN. (Treasurer/Tax
Collector)
37. Biggs Veterans Memorial Hall Committee - action requested -
APPOINT THE FOLLOWING VETERANS OF FOREIGN WARS (VFW), POST
3811 TO TERMS TO END JUNE 30, 2009: PHIL HOHMAN, DELEGATE;
ERNIST HOHMAN, DELEGATE; NORRIS ANDERSON, DELEGATE; ANTONIO
"TONY" AIRESA, DELEGATE; F.A. "MIKE" MCDONALD, DELEGATE;
FRANK MATHAUSER, DELEGATE. (Other Departments and Agencies)
38. Chico Veterans Memorial Hall Committee - action requested -
PAGE 8 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 5 , 2008
APPOINT BILL EDMISTON, DELEGATE, AMERICAN LEGION POST 17;
APPOINT JOE TURNER, ALTERNATE, AMERICAN LEGION POST 17; GENE
CLEMENTS, DELEGATE, AMERICAN VETERANS (AMVETS), CHICO POST
2813; GARY IMHOFF, ALTERNATE, AMVETS, CHICO POST 2813; HENNIE
VAN DE VELDE, DELEGATE, CARING VETERANS INC; RICHARD SNOW,
ALTERNATE, CARING VETERANS INC; HANK SNOW, DELEGATE, DISABLED
AMERICAN VETERANS (DAV), CHAPTER 125; JAMES WOLSKE,
ALTERNATE, DAV, CHAPTER 125; BILL ANDRUS, DELEGATE, VFW,
CHICO POST 1555; LARRY WAHL, ALTERNATE, VFW, CHICO POST 1555;
SCOTT WILL, DELEGATE, VIETNAM VETERANS OF AMEWRICA (VVA),
BUTTE COUNTY CHAPTER 582; AND CARL "BUTCH" C. FREDERICKSON,
ALTERNATE, VVA, BUTTE COUNTY CHAPTER 582 TO TERMS TO END JUNE
30, 2009. (Other Departments and Agencies)
MOTION:
VOTE
39. Gridley Memorial Hall Committee - action requested - APPOINT
DAN COLE, DELEGATE, AMERICAN LEGION; JOHN KUCEK, ALTERNATE,
AMERICAN LEGION; ARNULFO RUIZ, DELEGATE, VFW; EDWARD
KAWASAKI, DELEGATE, CITIZEN VETERAN; FRANK KAWASAKI,
DELEGATE, CITIZEN VETERAN; SAM MCKEY, DELEGATE, CITIZEN
VETERAN, TO TERMS TO END JUNE 30, 2009. (Other Departments
and Agencies)
40. Oroville Memorial Hall Committee - action requested -
APPOINT RON SCHARBOR, DELEGATE, AMERICAN LEGION; VENE
THOMPSON, ALTERNATE, AMERICAN LEGION; ROBERT SIMPSON,
DELEGATE, MILITARY ORDER OF COOTIES; FRANK ODDO, ALTERNATE,
MILITARY ORDER OF COOTIES; ROLAND "BUD" STRANG, DELEGATE, VFW
POST 1747; DENNIS WOLFS, ALTERNATE, VFW POST 1747; JOHN
ARCHIBALD, DELEGATE, CITIZEN VETERAN; JIM BRUCE, DELEGATE,
CITIZEN VETERAN; BOB MOREHOUSE, DELEGATE, CITIZEN VETERAN;
SAM BEBOUT, ALTERNATE, CITIZEN VETERAN; EMANUEL JOHNSON,
ALTERNATE, CITIZEN VETERAN TO TERMS TO END JUNE 30, 2009.
(Other Departments and Agencies)
41. Paradise Memorial Hall Committee - action requested - APPOINT
PETER J. FREITAG, DELEGATE, AMERICAN LEGION; HARRY HUDSON,
ALTERNATE, AMERICAN LEGION; WALT KOERNER, DELEGATE,
CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION; DAVE CURRY,
ALTERNATE, CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION;
JOSEPH FRANK, DELEGATE, DAV; CARROLL TRADER, ALTERNATE, DAV;
RAYMOND S. JOHNSON, DELEGATE, PVC; RICHARD CAMPBELL,
DELEGATE, VFW; RAYMOND FLORES, ALTERNATE, VFW, TO TERMS TO
END JUNE 30, 2009. (Other Departments and Agencies)
I MOVE TO APPROVE THE CONSENT AGENDA.
2 M
1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PRESENTATION OF THE RESOLUTION PROCLAIMING AUGUST 2008 AS CHILD
SUPPORT AWARENESS MONTH TO SHARON STONE, THE DIRECTOR OF CHILD
SUPPORT SERVICES.
PAGE 9
AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
REGULAR AGENDA
0818-002 Boards, Commissions and Committees.
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports. (NONE)
0818-003 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer.
C. BRAIN HADDIX, CHIEF ADMINISTRATIVE OFFICER REPORTED THE STATE
BUDGET HAS NOT BEEN PASSED YET. HE REPORTED THE GOVERNOR HAS A
PROPOSAL TO INCREASE SALES TAX BY ONE CENT. THERE IS A POTENTIAL
THAT THE STATE WILL SUSPEND PROPOSITION 1A.
PRESENTATION BY ANDY PICKETT, DEPUTY ADMINISTRATIVE OFFICER.
PRESENTATION REGARDING THE RECENT FIRES AND RECOVERY EFFORTS IN
BUTTE COUNTY BY RICH HALL, DIRECTOR OF GENERAL SERVICES.
PRESENTATION BY CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL
SERVICES REGARDING THE ASSISTANCE PROVIDED TO INDIVIDUALS AFFECTED
BY THE FIRES.
PRESENTATION BY VANCE SEVERIN OF ENVIRONMENTAL HEALTH REGARDING
THE REMOVAL OF HAZARDOUS WASTE.
PRESENTATION BY BILL MANNELL, SOLID WASTE MANAGER.
PRESENTATION BY NANCY SPRINGER, ASSISTANT BUILDING OFFICIAL FROM
DEVELOPMENT SERVICES.
PRESENTATION BY JOHN GULSERIAN, EMERGENCY SERVICES OFFICER
REGARDING THE COSTS INCURRED BY THE COUNTY.
CLOSED SESSION
0818-004 THE BOARD RECESSED AT 10:10 A.M. TO CLOSED SESSION REGARDING:
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) THREE
CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. POE INTERVENTION (FERC PROJECT 2107);
3. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC);
CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA;
INITIATION OF LITIGATION PURSUANT TO GOV. CODE Sec. 54956.9(c) -
ONE POTENTIAL CASE;
PAGE to AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 5 , 2008
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/INTERIM DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR.
THE BOARD RECONVENED AT 10:29 A.M. FROM CLOSED SESSION REGARDING:
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) THREE
CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. POE INTERVENTION (FERC PROJECT 2107);
3. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC);
CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA;
INITIATION OF LITIGATION PURSUANT TO GOV. CODE Sec. 54956.9(c) -
ONE POTENTIAL CASE;
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR/INTERIM DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR. (No Announcements)
PAGE ll AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
PUBLIC HEARINGS AND TIMED ITEMS
MINUTES -AUGUST 5 , 2008
0818-005 Public Hearing - Introduction of an Ordinance Amending Chapter 26
of the Butte County Code - The proposed ordinance amends the Butte
County Code to require urban improvements for all new buildings,
provides for an in-lieu fee for future improvement in urban areas,
and allows for the postponement of improved installation for a
period of up to five years. The related resolution establishes
Standard Estimating rates for calculation of in-lieu fee or
bonding of improvements - action requested - WAIVE THE READING OF
THE ORDINANCE; AND CONTINUE CONSIDERATION OF THE RESOLUTION
ESTABLISHING ESTIMATING RATES TO COINCIDE WITH THE ADOPTION OF THE
ORDINANCE. (Public Works)
PRESENTATION BY MIKE CRUMP, DIRECTOR OF DEVELOPMENT SERVICES.
PUBLIC HEARING OPENED: 10:41 A.M.
PUBLIC HEARING CLOSED: 10:41 A.M.
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE WITH AN AMENDMENT TO
THE ORDINANCE WHICH DEFINES "SUBSTANTIAL IMPROVEMENTS" AS: ANY
RECONSTRUCTION, REHABILITATION, ADDITION, OR OTHER IMPROVEMENT TO
A STRUCTURE, THE TOTAL COST OF WHICH EQUALS OR EXCEEDS 50 PERCENT
OF THE MARKET VALUE OF THE STRUCTURE BEFORE THE START OF
CONSTRUCTION OF THE IMPROVEMENT; AND CONTINUE CONSIDERATION OF THE
RESOLUTION ESTABLISHING ESTIMATING RATES TO COINCIDE WITH THE
ADOPTION OF THE ORDINANCE.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
REGULAR AGENDA
0818-006 Update of General Plan 2030 Process by Director-Development
Services.
PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES.
0818-007 Update Regarding Upcoming Butte County Code Amendments
PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES.
(2998)
PAGE 12 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
0818-008 Public Hearing - Itemized Cost of Nuisance Abatement for property
located at 1920 B Street, Oroville, APN 035-073-020. This
property was abated April 9-14, 2008 - action requested -
APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF
$4,835.66; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX
ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND
IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Development
Services)
PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES.
WENDY JONES, CODE ENFORCEMENT OFFICER, ANSWERED QUESTIONS OF THE
BOARD.
PUBLIC HEARING OPENED: 10:53 A.M.
PUBLIC HEARING CLOSED: 10:53 A.M.
MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE
AMOUNT OF $4,835.66; AND ORDER THE AMOUNT DUE BE PLACED UPON THE
COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE
SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
0818-009 Public Hearing - Itemized Cost of Nuisance Abatement for property
located at 41 Meeting Place, Palermo, APN 027-340-013. This
property was abated April 14-16, 2008 - action requested -
APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF
$5,238.65; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX
ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND
IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Development
Services)
PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES.
PUBLIC HEARING OPENED: 10:55 A.M.
PUBLIC HEARING CLOSED: 10:55 A.M.
MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE
AMOUNT OF $5,238.65; AND ORDER THE AMOUNT DUE BE PLACED UPON THE
COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE
SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 13 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
0818-010 Public Hearing - Itemized Cost of Nuisance Abatement for property
located at 1232 French Avenue, Gridley, APN 021-132-061. This
property was abated April 16, 2008 - action requested - APPROVE
THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF
$2,591.88; AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX
ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND
IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Development
Services)(1:12:15)
PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES.
PUBLIC HEARING OPENED: 10:58 A.M.
PUBLIC HEARING CLOSED: 11:07 A.M.
WILLA SAMPRUCCI, OWNER OF THE PROPERTY ADDRESSED THE BOARD.
MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE
AMOUNT OF $2,591.88 AND SUGGEST THE OWNER OF THE PROPERTY TO
ATTEMPT TO WORK OUT A PAYMENT ARRANGEMENT WITH THE TAX COLLECTOR,
IF POSSIBLE; 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.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
REGULAR AGENDA
0818-011 Introduction of an Ordinance Amending Section 20-133 of Chapter 20
of the Butte County Code - consideration of an ordinance which
will amend the Butte County Code to be in alignment with the Fire
Safe Regulations adopted by the California Department of Forestry
and Fire Protection pursuant to Public Resources Code Section
4290 - action requested - WAIVE THE READING OF THE ORDINANCE.
(Public Works)
PRESENTATION BY MIKE CRUMP, DIRECTOR OF PUBLIC WORKS.
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 14 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 5 , 2008
0818-012 Resolution Regarding Four Appeals of Planning Commission
Resolution 08-24 Modifying and Adopting a Revised Order to Comply
Regarding an Amended Mining and Reclamation Permit for the New Era
Mine - consideration of a resolution documenting the Motion of
Intent approved at the June 24, 2008 Board of Supervisors meeting
to deny the appeals of Richard Meyers, Lucy Cooke, and the
residents of Butte Valley and Paradise and to affirm the validity
of Mining and Reclamation Permit No. 81-135 - action requested -
STAFF RECOMMENDS THE BOARD ADOPT THE RESOLUTION 08-104 DENYING
THE APPEALS OF RICHARD MEYERS, LUCY COOKS, AND THE RESIDENTS OF
BUTTE VALLEY AND PARADISE; GRANT THE APPEAL OF NORTH CONTINENT
LAND AND TIMBER; FIND THAT MINING AND RECLAMATION PERMIT 81-135
AND THE SUGGESTED MODEL RECLAMATION PLAN ARE VALID ENTITLEMENTS;
AND RESCIND THE PLANNING COMMISSIONS RESOLUTION 08-24 AND THE
REVISED ORDER TO COMPLY FOR THE NEW ERA MINE.
PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT
SERVICES.(1:38:02)(*822)
KEITH WAGNER ADDRESSED THE BOARD. BLAIR WILL ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT THE RESOLUTION DENYING THE APPEALS OF RICHARD
MEYERS, LUCY COOKS, AND THE RESIDENTS OF BUTTE VALLEY AND
PARADISE; GRANT THE APPEAL OF NORTH CONTINENT LAND AND TIMBER;
FIND THAT MINING AND RECLAMATION PERMIT 81-135 AND THE SUGGESTED
MODEL RECLAMATION PLAN ARE VALID ENTITLEMENTS; AND RESCIND THE
PLANNING COMMISSIONS RESOLUTION 08-24 AND THE REVISED ORDER TO
COMPLY FOR THE NEW ERA MINE.
2 M
VOTE: 1 Y 2 N 3 N 4 Y 5 Y (MOTION CARRIED 3-2)
Items Removed from the Consent Agenda for Board Consideration and
Action. (NONE)
0818-013 Resolution Calling for an Election on an Advisory Measure
Regarding Additional Development of Native American Gaming
Casinos - consideration of a resolution calling for an election on
as advisory measure on the November 4, 2008 ballot to determine
whether the County of Butte should support proposals for
additional Native American Gaming Casinos within the
unincorporated areas of the County - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
THIS RESOLUTION WAS NOT ADOPTED. THERE WAS NO VOTE ON THIS ITEM.
SUPERVISOR CONNELLY INDICATED THAT HE INITIATED THIS ITEM IN ORDER
TO ATTEMPT TO DETERMINE WHETHER THE PUBLIC AND/OR THE BOARD OF
SUPERVISORS OPPOSE OR SUPPORT ADDITIONAL GAMING FACILITIES OF ANY
TYPE IN BUTTE COUNTY.
PAGE 15 AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 5 , 2008
THE BOARD DIRECTED THE CHIEF ADMINISTRATIVE OFFICER TO SET A
WORKSHOP TO BE HELD AT A FUTURE BOARD MEETING IN ORDER FOR THE
PUBLIC TO PROVIDE INPUT AND FOR VARIOUS COUNTY DEPARTMENTS TO
PROVIDE REPORTS REGARDING THE IMPACTS OF EXISTING GAMING
FACILITIES AND THE POTENTIAL IMPACTS OF ADDING ADDITIONAL GAMING
FACILITIES IN BUTTE COUNTY. IT WAS ALSO REQUESTED THAT STAFF
PROVIDE INFORMATION REGARDING THE STATE AND FEDERAL LAWS THAT
REGULATE GAMING FACILITIES. (2:12:16)
0 818 - 014 PusLlc COM[ IENT
PASTOR KEVIN THOMPSON ADDRESSED THE BOARD.
CLOSED SESSION
0818-015 THE BOARD RECESSED AT 12:05 P.M. TO CLOSED SESSION REGARDING:
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) THREE
CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. POE INTERVENTION (FERC PROJECT 2107);
3. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC);
CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA;
INITIATION OF LITIGATION PURSUANT TO GOV. CODE Sec. 54956.9(c) -
ONE POTENTIAL CASE;
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR/INTERIM DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR.
THE BOARD RECONVENED AT 2:45 P.M. FROM CLOSED SESSION REGARDING:
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) THREE
CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. POE INTERVENTION (FERC PROJECT 2107);
PAGE 16
AUGUST 5 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 5 , 2008
3. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC);
CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA;
INITIATION OF LITIGATION PURSUANT TO GOV. CODE Sec. 54956.9(c) -
ONE POTENTIAL CASE;
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR/INTERIM DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
COUNTY COUNSEL, BRUCE ALERT MADE ONE ANNOUNCEMENT OUT OF CLOSED
SESSION. HE REPORTED THAT THE BOARD VOTED UNANIMOUSLY TO INITIATE
LITIGATION AGAINST THE DEPARTMENT OF WATER AND RESOURCE WITH
RESPECT TO THE EIR FILED WITH THE STATE WATER RESOURCE CONTROL
BOARD ON THE STATE CLEAN WATER ACT CERTIFICATION.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE
THE BOARD, THE MEETING WAS ADJOURNED
AT 2:45 P.M., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, AUGUST 19, 2008 AT 9:00
A.M.
CURT JOSIASSEN, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
C. Brian Haddix, Chief Administrative
Officer and Clerk of the Board
By:
PAGE 17
AUGUST 5 , 2008