HomeMy WebLinkAboutM081010BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
August 10, 2010
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Scott Tandy, Interim Chief Bruce Alpert, County Counsel
Administrative Officer and
Clerk of the Board
BUTTE COUNTY BOARD OF SUPERVISORS
Called to order at 9:06 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.
CORRECTIONS AND~OR CHANGES TO THE AGENDA.
1021-001
Observation of a Moment of Silence.
1. Resolution to Amend the Salary Ordinance -The resolution will amend the salary
ordinance as follows:
LIBRARY- requests to delete one position of Supervisor, Technical Services Specialist and
add one position of Library Assistant, Senior/Library Assistant effective September 13,
2010. These changes are part of a department reorganization of technical services to
allow additional hours at the Chico Branch. These changes will leave the total allocation
in the department unchanged at 25.25.
WATER AND RESOURCE CONSERVATION -requests to reduce one 100% Manager,
Program Development position to a 50% Manager, Program Development position
effective September 1, 2010. This change was included in the department's FY 10/11
budget. This change will decrease the total allocations in the department from 4 to 3.5.
DISTRICT ATTORNEY -requests to add one position of Investigator II/I and one position
of Information Systems Analyst, Principal/Information Systems Analyst,
Senior/Information Systems Analyst/Information Systems Analyst, Associate effective
September 4, 2010. These changes were included in the department's FY 10/11 budget.
These changes will increase the total allocations in the department from 85.5 to 87.5.
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MINUTES -AUGUST 10, 2010
^~ -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Human Resources)
Minutes
CHERYL SCHIELE AND DALE WANGBERG REQUESTED THIS ITEM BE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGLULAR AGENDA.
PAGE 1
August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
2. Resolution Establishing Public Service Hours for Butte County Library - Staff
reorganization allows the move of one full time person from Technical Services to the
Chico Branch which will enable the Chico Library to be open on Mondays. The proposed
resolution increases the open hours at the Chico Branch by six hours per week beginning
September 13, 2010. Open hours at the other five branches remain unchanged -action
requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
CHERYL SCHIELE REQUESTED THIS ITEM BE PULLED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
CONSENT AGENDA
1021-002 1. California Dept. of Food and Agriculture (CDFA) - agreement with CDFA for the
placement and servicing of traps for the detection of exotic pests. The term of the
agreement is July 1, 2010 through June 30, 2011 with a maximum amount receivable of
$28,591 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Agriculture)
2. TLC Living -agreement with TLC Living for 24-hour board and care services for Behavioral
Health clients. The term of the agreement is July 1, 2010 through June 30, 2011 with a
maximum amount payable of $87,600 (department budget utilizing Realignment funds) -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
3. Clean Kind by DeHart -amendment to the agreement with Clean King for specialized
housekeeping services that are compliant with acute medical hospital environmental
service standards. The amendment adds housekeeping services to two areas within the
Psychiatric Inpatient Hospital and increases the maximum amount payable by $8,668
(department budget utilizing Realignment, Federal and State Medicaid funds) -action
requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral
Health)
4. James R. Glover, M.D. -amendment to the agreement with James R. Glover, M.D. for
psychiatric services at the Psychiatric Health Facility. The amendment increases the
maximum amount payable by $252,450 for FY 2010/2011 (department budget utilizing
State and Federal Medi-Cal funds) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
Minutes PAGE 2 August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
Echo Consulting Services of California, Inc. -amendment to the agreement with Echo
Consulting Services for maintenance of the Medi-Cal billing system, including technical
support, network consultation, and data analysis. The amendment extends the term of
the agreement through June 30, 2011 and increases the maximum amount payable by
$91,920.70 (department budget using various grant funds) -action requested -APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
Connecting Circles of Care, Inc. -agreement with Connecting Circles of Care, Inc. for
supportive services for youth with severe emotional, behavioral or mental disorders and
their families. The term of the agreement is July 1, 2010 through June 30, 2011 with a
maximum amount payable of $245,069 (department budget utilizing SAMHSA funds) -
action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
Kindred Healthcare, dba Medical Hill Rehab Center, LLC -agreement with Kindred
Healthcare for 24-hour supportive services for chronic mentally disordered patients. The
term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount
payable of $120,450 (department budget utilizing Realignment funds) -action requested
- APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
Crestwood Behavioral Health, Inc. -agreement with Crestwood Behavioral Health, Inc.
for behavioral intervention and psychosocial rehabilitation for patients with mental
disorders in secure residential settings. The term of the agreement is July 1, 2010
through June 30, 2011 with a maximum amount payable of $805,827.04 (department
budget utilizing realignment funds) -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Behavioral Health)
9. Department of Employment and Social Services (DESS) -agreement with the DESS to
provide behavioral health services to children placed in group homes. DESS will
reimburse Butte County Behavioral Health for these services. The term of the
agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of
$50,000 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Behavioral Health)
10. Accept Unanticipated Revenue -request to accept and appropriate $110,000 received
from the Emergency Management Performance Grant Program. Participation in this
grant requires a dollar for dollar County match using ISF Equipment Replacement Fund.
These fixed asset purchases will be used to supplement critical network infrastructure -
action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED FUNDS; AND AUTHORIZE THE FIXED ASSET
PURCHASES OF A CORE ROUTER, A KVA UNIT, AND AN 80KW GENERATOR. (Chief
Administrative Office)
Minutes
PAGE 3 August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
11. Paul Hahn -employment agreement with Paul Hahn as Chief Administrative Officer.
The initial term of the agreement is September 13, 2010 through September 12, 2013
with an annual salary of $217,000 -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (Chief Administrative Office)
12. Adoption of an Ordinance Re~ardin~ Compensation of Members of the Board of
Supervisors, Repealing Section 2-19.6 of the Butte County Code and Adopting 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 -ADOPT
ORDINANCE 4025 AND AUTHORIZE THE CHAIR TO SIGN. (From 7-27-10 [Item 3.20])
(Chief Administrative Office)
13. Letter of Support for Grant Application to the California Department of Housing and
Community Development (HCD), Joe Serna Jr. Farmworker Housing Program -The
Housing Authority of the County of Butte is applying to the HCD, Joe Serna Jr.
Farmworker Housing Program for $2.5 million in grant money for the rehabilitation of
Housing Authority-owned Farm Labor Housing property located at the intersection of
East Gridley Road and the Feather River -action requested -APPROVE THE LETTER OF
SUPPORT AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)
14. Northern Valley Claims -agreement with Northern Valley Claims for the investigation of
liability claims filed against the County. The term of the agreement is July 1, 2010
through June 30, 2011 with a maximum amount payable of $33,000 -action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office)
15. Approval of Minutes -action requested -APPROVE MINUTES OF JULY 13, 2010; JULY
26, 2010; AND JULY 27, 2010. (Chief Administrative Office)
16. IT Fleet Services -amendment to the agreement with IT Fleet Services for access to the
Asset Shadow System, Election and Inventory Module which allows for inventory
control of election supplies and other election equipment and the security/tracking of
the electronic voting system. The amendment extends the term of the agreement to
June 30, 2013 and increases the maximum amount payable by $17,820 -action
requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
X15958) (Clerk-Recorder)
Minutes
PAGE 4 August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
17. Biggs-Gridley Memorial Hospital -agreement with Biggs-Gridley Memorial Hospital for
Butte County to provide athree-fifths time (3/5) Eligibility Specialist to conduct on-site
Medi-Cal and County Medical Services Program (CMSP) eligibility determination
services. The term of the agreement is July 1, 2010 through June 30, 2011 with a
maximum amount receivable of $58,232 -action requested -APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Employment and Social Services)
18. Child Abuse Prevention Council of Butte County -agreement with Child Abuse
Prevention Council. The Council directs campaigns for donations to the Frank Watters
and Mary Anne Houx Children's fund; manages the Child Abuse Prevention Month
campaign; and provides information, referral, and outreach services to citizens of Butte
County. The term of the agreement is August 1, 2010 through June 30, 2011 with a
maximum amount payable of $70,000 -action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Employment and Social Services)
19. Fixed Asset Purchase -request to purchase two Type IV fire engines on behalf of
Company 61 Pioneer Volunteer Fire Company (Berry Creek) and Company 37 Golden
Feather Volunteer Fire Company (Yankee Hill) at a cost of $329,450. Hi-Tech Emergency
Vehicle Service was the lowest responsive and responsible bidder. This purchase is a
50/50 cost share between the Fire Companies and the Community Cost Share
Restricted Fund -action requested -AWARD BID TO HI-TECH EMERGENCY VEHICLE
SERVICE; APPROVE BUDGET ADJUSTMENT (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS; AND AUTHORIZE THE FIXED ASSET PURCHASES OF TWO FIRE
ENGINES. (Fire)
20. Settlement Agreement to Grievance 08-01-06 -approval of side letter agreement with
Butte County Employee's Association (BCEA) -General Unit. A one-time payment in the
amount of $1,500 will be paid to each of the eighteen Behavioral Health counselors
named in the grievance. Sufficient appropriations exist in the department's FY 10/11
budget -action requested -APPROVE SIDE LETTER AGREEMENT WHICH SETTLES
GRIEVANCE 08-01-06 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
21. California Emergency Management Agency (Cal EMA) Overtime Award -Probation
receives funding each year through the Federal Edward Byrne Memorial Block Grant
administered by Cal EMA. The department has been awarded an additional $22,631.
These funds will be used for overtime costs associated with the Butte Interagency
Narcotics Task Force (BINTF). Approval is requested for a related agreement with
various, local law enforcement agencies to facilitate payment for overtime costs and for
a related reimbursement agreement between Butte County Probation and the
Department of Justice -action requested -APPROVE AGREEMENTS AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNCIL AND AUDITOR-
CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
(Probation)
Minutes
PAGE 5 August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
22. Letter of Opposition -Assembly Bill 2456 (Torrico) would modify the Emergency
Medical Services Act and transfer important local medical control functions to the State
EMS Authority (EMSA). The proposed modifications would require all counties to
adhere to mandated standardized State Medical guidelines rather than EMS systems
that are created based on the needs of a local community. The modification would
simultaneously place the financial burden associated with this change onto local
emergency medical services agencies and/or the counties in which they serve -action
requested -APPROVE THE LETTER OF OPPOSITION TO AB2456 AND AUTHORIZE THE
CHAIR TO SIGN. (Public Health)
23. Camp Creek Bridge Replacement -The Camp Creek Bridge was destroyed during the
June 2008 Lightning Fire Storm. At the April 21, 2009 Board of Supervisors meeting,
Public Works was directed to negotiate an agreement with Pacific Gas & Electric (PG&E)
that would allow PG&E to replace the bridge at no cost to the County. A draft
agreement has been prepared -action requested -AFTER APPROVAL OF PLANS AND
SPECIFICATIONS FOR BRIDGE, AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
FINALIZE AND EXECUTE AN AGREEMENT WITH PG&E SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works)
24. Award of Bid for Lower Wyandotte Road & Monte Vista Avenue SRTS Project, County
Project No. 23521-2007-1-The department released a Request for Bids on July 8, 2010
for the Federally funded Cycle 1 Safe Routes to School (SRTS) project to construct curb,
gutter, sidewalk and tie-in pavement on the south side of Monte Vista Avenue from the
west side of Autrey Lane to 1,300 feet east of Lower Wyandotte Road. Bids were
received and opened publically on July 29, 2010 with Knife River Construction of Chico
submitting the lowest responsive and responsible bid in the amount of $905,462.36 -
action requested -AWARD CONTRACT TO KNIFE RIVER CONSTRUCTION OF CHICO AND
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT. (Public
Works)
25. Cabin Hollow Court II Industrial Park Condominium Subdivision -Cabin Hollow Court II
Industrial Condominium Subdivision is a one-parcel final map for an industrial
condominium development, located at 13302 Cabin Hollow Court, southeast of Chico
Airport, APN 016-220-037. The intent of this project is to divide the existing five
structures into fourteen individual condominium units. The developer has complied
with the Conditions of Approval -action requested -APPROVE THE FINAL MAP FOR
THE CABIN HOLLOW COURT II INDUSTRIAL PARK CONDOMINIUM SUBDIVISION AND
ACCEPT ITEM 1 AS OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT ON THE
FINAL MAP. (Public Works)
26. Budget Adjustment -The department requests approval of a budget adjustment of
$2,898 to reimburse the General Fund for FY 2010 and a $3,000 allocation for FY 2011
from the inmate welfare fund for the identification card services provided by the
Sheriff's Office Records Division to civilian volunteers working with inmates in the jail
facility -action requested -APPROVE BUDGET ADJUSTMENTS (4/5 vote required)
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Sheriff-Coroner)
Minutes
PAGE 6 August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
27. Monthly Investment Report -Submitted is the Monthly Investment Report dated June
30, 2010 in accordance with the Statement of Investment Policy dated July 1, 2009 -
action requested -ACCEPT FOR INFORMATION. (Treasurer/Tax Collector)
MOTION: I MOVE TO ADOPT THE CONSENT AGENDA WITH THE EXCEPTION OF ITEMS 3.21 AND 3.22
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)
CHAIR CONNELLY PRESENTED A CERTIFICATE OF CONGRATULATIONS TO CONNECTING CIRCLE
OF CARE (CCOC) FOR THE FOLLOWING AWARDS: THE ECCO (EXCELLENCE IN COMMUNITY
COMMUNICATIONS AND OUTREACH) BRONZE AWARD RECEIVED FOR THE CCOC NEWSLETTER
AND THE NATIONAL EVALUATION GOLD AWARD FROM THE US SUBSTANCE ABUSE AND
MENTAL HEALTH SERVICES ADMINISTRATION (SAMHSA) FOR CCOC'S NATIONAL EVALUATION
RESULTS.
REGULAR AGENDA
1021-003 Penal Code 1463.27 Implementation - On July 13, 2010, the Board of Supervisors approved
Resolution No. 10-106 authorizing the Butte County Superior Court to impose a new $250 fee
on conviction of domestic violence crimes as authorized by AB2405 in 2008. The resolution
further directs the funds to be used by the District Attorney's office to fund domestic violence
programs that focus on assisting immigrants, refugees, or persons who live in rural areas. On
July 27, 2010, the Board directed staff to conduct a survey to determine how other counties
were utilizing the proceeds from AB2405. Staff will present results of the survey at this
meeting. County Counsel has conducted a legal review of Penal Code 1463.27 and
determined the funds can be used as described at the July 13 and July 27, 2010 Board
meetings -action requested -
1) AFFIRM RESOLUTION NO. 10-106 AND DIRECT FUNDS FROM AB2405 TO BE USED BY
THE DISTRICT ATTORNEY'S OFFICE TO FUND DOMESTIC VIOLENCE PROGRAMS;
-OR -
2) RESCIND RESOLUTION NO. 10-106 AND INSTRUCT STAFF TO PREPARE A NEW
RESOLUTION DIRECTING FUNDS FROM AB2405 TO BE USED BY OTHER AGENCIES,
NON-PROFITS, OR ORGANIZATIONS FOR ELIGIBLE PURPOSES AND RETURN TO THE
BOARD WITH THE APPROPRIATE BUDGET ADJUSTMENT. (From 7-27-10 [Item 3.40])
(Chief Administrative Office)
Minutes
PAGE 7
August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
ANDY PICKETT, DEPUTY ADMINISTRATIVE OFFICER PROVIDED A REPORT TO THE BOARD.
ANASTACIA SNYDER AND MIKE RAMSEY ADDRESSED THE BOARD.
MOTION: I MOVE TO RESCIND RESOLUTION NO. 10-106 AND INSTRUCT STAFF TO PREPARE A NEW
RESOLUTION DIRECTING FUNDS FROM AB2405 TO BE USED BY OTHER AGENCIES, NON-
PROFITS, OR ORGANIZATIONS FOR ELIGIBLE PURPOSES AND RETURN TO THE BOARD WITH
THE APPROPRIATE BUDGET ADJUSTMENT.
M 2
VOTE: 1 N 2 Y 3 Y 4 N 5 Y (MOTION CARRIED 3-2)
PUBLIC HEARINGS AND TIMED ITEMS
1021-004 Public Hearing -Submittal of a Grant Request to the Department of Housing and Community
Development for 2008 Disaster Recovery Initiative (DRI) funds - 2008 DRI funds are available
to jurisdictions directly impacted by one of the two federally declared major disaster
declarations issued in 2008. Eligible programs include housing rehabilitation, public facilities,
public improvements, public services, and hazard mitigation planning activities. For activities
in these categories to be eligible they must have received direct damage or devastation as a
result of the 2008 wildfires and must benefit low income and moderate income individuals.
Butte County is requesting $4,300,000 in grant funds for the above programs -action
requested -ADOPT RESOLUTION NO. 10-114 AND AUTHORIZE THE CHAIR TO SIGN. (Chief
Administrative Office)
JENNIFER MACARTHY, MANAGER OF PROGRAM DEVELOPMENT, PROVIDED A REPORT TO THE
BOARD.
SHAWN O'BRIEN, ASSISTANT DIRECTOR OF PUBLIC WORKS AND PETE CALARCO, ASISSTANT
DIRECTOR OF DEVELOPMENT SERVICES PROVIDED REPORTS.
BRENDA RIGHTMYER ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
REGULAR AGENDA
1021-005 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (None)
Minutes PAGE 8 August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
2. Board Member or Committee Reports
SUPERVISOR LAMBERT REPORTED THAT HE, SUPERVISOR CONNELLY, AND PAUL
GOSSELIN, THE DIRECTOR OF WATER AND RESOURCE CONSERVATION WENT TO
SACRAMENTO TO MEET WITH LEGISLATORS AND THEIR STAFF REGARDING BUTTE
COUNTY ISSUES REGARDING THE FERC RELICENSING OF THE LAKE OROVILLE FACILITY
(55:10)
SUPERVISOR LAMBERT REPORTED THAT THE BUTTE COUNTY FAIR WILL BE HELD AT THE
END OF THIS MONTH.
SUPERVISOR CONNELLY REPORTED THAT THERE WILL BE A GROUNDBREAKING
CEREMONY FOR THE OROVILLE VETERAN'S MEMORIAL PARK ON AUGUST 19, 2010 AT
9:00 A.M.
SUPERVISOR CONNELLY REPORTED THAT HE ATTENDED A GROUNDBREAKING
CEREMONY FOR THE NEW BANGOR FIRE STATION ON AUGUST 9, 2010.
PUBLIC HEARINGS AND TIMED ITEMS
1021-006 Timed Item -Resolution Supporting the Sierra Nevada Forest and Community Initiative
SNFCI -The Sierra Nevada Conservancy requests Board approval of a resolution supporting
the SNFCI which is a coordinated effort among various federal and state agencies,
jurisdictions, entities and the private sector for the long-term improvement of the Sierra
Nevada Region -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (Chief Administrative Office on behalf of Supervisor Yamaguchi)
CHRIS DALLAS FROM THE SIERRA NEVADA CONSERVANCY PROVIDED A REPORT TO THE
BOARD.
MOTION: I MOVE TO ADOPT RESOLUTION NO. 10-115 AND AUTHORIZE THE CHAIR TO SIGN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1021-007 Timed Item -Discussion of Potential Standards for Private Off-Highway Vehicle (OHV)
Courses - In response to direction from the Board of Supervisors on May 25, 2010, the
Department of Development Services wishes to provide information regarding potential
standards for noise, dust, and hours of operation for private (OHV) courses -action
requested -ACCEPT FOR INFORMATION AND PROVIDE DIRECTION TO STAFF REGARDING
THE SPECIFIC STANDARDS TO BE INCLUDED IN A REVISED DRAFT ORDINANCE.
(Development Services)
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND CLAUDIA STUART, SENIOR
PLANNER ADDRESSED THE BOARD.
Minutes PAGE 9 August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
THE FOLLOWING MEMBERS OF THE PUBLIC ADRESSED THE BOARD: KAREN MULNER,
JEFF FONTANA, DOUG TEETER, GEORGE MENAS, AND ROXANNE PARKER (1:45:46).
MOTION: I MOVE TO DIRECT STAFF TO LOOK INTO STANDARDS FOR NOISE AND PROVIDE OPTIONS OF
SOUND LEVELS AND DURATION OF SOUND LEVELS; AND LOOK INTO OPTIONS TO LIMIT
HOURS OF OPERATION FOR COURSES IN RESIDENTIAL NEIGHBORHOODS.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Recess: 11:15 A.M.
Reconvene: 11:25 A.M.
1021-008 Timed Item -Matter On Which a Public Hearing Has Been Held and Motion of Intent
Adopted - Paradise Summit TSM08-0006 and PUD08-0001 (Wyckoff) -The Board of
Supervisors conducted and closed a public hearing regarding TSM08-0006 and PUD08-
0001 at its July 13, 2010 meeting. The project is an application for a Planned Unit
Development consisting of a phased Tentative Subdivision Map to subdivide +/- 333
acres into 312 single-family residential parcels while preserving +/-195 acres as open
space, to protect sensitive resources and to be used by the residents of the subdivision.
The project location is approximately 1/5 mile South of the Town of Paradise and is
within the Town's Sphere of Influence. The development portion of the site is
approximately 1/2 mile east of Pentz Road at Lago Vista Way and Lindenbaum Lane. On
July 13, 2010, the Board made motion of intent for approval -action requested -
1. ADOPT A RESOLUTION ADOPTING THE MITIGATED NEGATIVE DECLARATION
UNDER CEQA, APPROVING A WATER SUPPLY ASSESSMENT, AND APPROVING
TENTATIVE SUBDIVISION MAP (TSM08-0006) SUBJECT TO FINDINGS AND
CONDITIONS AS PRESENTED WITH THE CAVEAT THAT THE BOARD DID NOT WANT
TO COMMIT TO THE ALLOCATION OF TABLE A WATER; AND
2. ADOPT AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT. (From 7-
13-10 [Item 5.02])(Development Services)
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES ANNOUNCED THAT THIS ITEM
WILL BE CONTINUED TO THE SEPTEMBER 14, 2010 BOARD OF SUPERVISORS MEETING AT
11:00 A.M.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: ROBIN HUFFMAN,
AND RICHARD HARRIMAN.
NO ACTION WAS TAKEN ON THIS ITEM. THIS ITEM WILL BE CONTINUED TO SEPTEMBER 14,
2010 AT 11:00 A.M.
Minutes
PAGE 10
August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 10, 2010
1021-009 Items Removed from the Consent Agenda for Board Consideration and Action.
1. Resolution to Amend the Salary Ordinance -The resolution will amend the salary
ordinance as follows:
LIBRARY -requests to delete one position of Supervisor, Technical Services Specialist and
add one position of Library Assistant, Senior/Library Assistant effective September 13,
2010. These changes are part of a department reorganization of technical services to
allow additional hours at the Chico Branch. These changes will leave the total allocation
in the department unchanged at 25.25.
WATER AND RESOURCE CONSERVATION -requests to reduce one 100% Manager,
Program Development position to a 50% Manager, Program Development position
effective September 1, 2010. This change was included in the department's FY 10/11
budget. This change will decrease the total allocations in the department from 4 to 3.5.
DISTRICT ATTORNEY -requests to add one position of Investigator II/I and one position
of Information Systems Analyst, Principal/Information Systems Analyst,
Senior/Information Systems Analyst/Information Systems Analyst, Associate effective
September 4, 2010. These changes were included in the department's FY 10/11 budget.
These changes will increase the total allocations in the department from 85.5 to 87.5.
aE~ln~~,~^~'~I~E-ACTId - retests te~es~ass+f ~~+,,,., „f o.-,,,,.-~,.,., nn~,.,~,,,o.-
W e~l,~,ess a,~iese4e~te "~age~-, Rog-~~oeuek~ree;:-Tars-resfa ss+fTe~t+e„=was
,~o.,~,.-+w,o.,+ ,,.,~ti~,.,,,o,~ _ action requested -ADOPT RESOLUTION NO. 10-112 AND
AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
CHERYL SCHIELE AND DALE WANGBERG REQUESTED THIS ITEM BE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGLULAR AGENDA.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: DALE WANGBERG, CHERYL
SCHEILE, RUDY JENKINS, AND LIZ STEWART. (32:32 P.M.)
LINDA MEILKE, DIRECTOR OF LIBARY ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN WITH THE EXCEPTION
OF THE BEHAVIORAL HEALTH PORTION OF THE RESOLUTION WHICH HAS BEEN REMOVED
FROM THIS AGENDA.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Minutes
PAGE 11
August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
2. Resolution Establishing Public Service Hours for Butte County Library - Staff
reorganization allows the move of one full time person from Technical Services to the
Chico Branch which will enable the Chico Library to be open on Mondays. The proposed
resolution increases the open hours at the Chico Branch by six hours per week beginning
September 13, 2010. Open hours at the other five branches remain unchanged -action
requested -ADOPT RESOLUTION NO. 10-113 AND AUTHORIZE THE CHAIR TO SIGN.
CHERYL SCHIELE REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGLULAR AGENDA.
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
VOTE: M 2
1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1021-010 PUBLIC COMMENT
DOUG TEETER ADDRESSED THE BOARD.
RICHARD TOGNOLI ADDRESSED THE BOARD.
REGULAR AGENDA
1021-011 Update by Ameresco Butte LLC Re~ardin~ the Gas-to-Energy Protect at the Neal Road
Recycling and Waste Facility -Ameresco entered into an agreement with Butte County
to develop a landfill gas-to-energy project at the Neal Road Recycling and Waste Facility.
The company has requested an opportunity to address the Board with an update on the
project in order to present a revised royalty structure -action quested -ACCEPT FOR
INFORMATION AND PROVIDE DIRECTION TO STAFF. (Public Works)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS ADDRESSED THE BOARD.
JIM BEER WITH AMERESCO ADDRESSED THE BOARD.
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: PEGGY MOAK
MOTION: I MOVE THAT THE MATTER BE CONTINUED FOR 60 DAYS FOR THE PARTIES TO NEGOTIATE AN
AMENDMENT TO THE EXISTING AGREEMENT TAKING INTO ACCOUNT THE PRESENT STATUS
OF GAS PRODUCTION AT THE LANDFILL; WHETHER ONE OR TWO ENGINES ARE NEEDED;
WHEN THE ENGINES WILL GO ONLINE; AND HOW THE ROYALTY RATE WILL BE AFFECTED IN
THE FUTURE.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Minutes PAGE 12 August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
1021-012
1021-013
Update of General Plan 2030 Process by Director of Development Services
Tim Snellings, Director of Development Services provided a report to the Board.
Update Re~ardin~ Upcoming Butte County Code Amendments by Director of Development
Carvirac
Tim Snellings, Director of Development Services provided a report to the Board.
Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
THE CAO DID NOT PROVIDE A REPORT AT THIS MEETING.
1021-014
Minutes
THE BOARD RECESSED AT 12:47 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 SECTION 54956.9(a) - 4 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. SIGNALIZED INTERSECTION WEST LLC, V. COUNTY OF BUTTE, SUPERIOR COURT CASE
PAGE 13
August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
NO. 145636; AND
4. BUTTE COUNTY V. PHILLIP N. HOGEN, CHAIRMAN NATIONAL INDIAN GAMING
COMMISSION, ET AL UNITED STATES COURT OF APPEAL FOR THE DISTRICT OF
COLUMBIA CIRCUIT NO. 1:08-CV-00519
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (C) -ONE
POTENTIAL CASE
THE BOARD RECONVENED AT 3:09 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 SECTION 54956.9(a) - 4 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. SIGNALIZED INTERSECTION WEST LLC, V. COUNTY OF BUTTE, SUPERIOR COURT CASE
NO. 145636; AND
4. BUTTE COUNTY V. PHILLIP N. HOGEN, CHAIRMAN NATIONAL INDIAN GAMING
COMMISSION, ET AL UNITED STATES COURT OF APPEAL FOR THE DISTRICT OF
COLUMBIA CIRCUIT NO. 1:08-CV-00519
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (C) -ONE
POTENTIAL CASE (No Announcements)
Minutes
PAGE 14 August 10, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 10, 2010
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS
BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT
3:09 P.M., TO RECONVENE AT A SPECIAL MEETING OF THE
BOARD TO BE HELD TUESDAY, AUGUST 17, 2010 AT 12:00
P. M.
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Scott Tandy, Interim Chief Administrative Officer
and Clerk of the Board
By:
Minutes
PAGE 15
August 10, 2010