HomeMy WebLinkAboutM081908.finalBUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
AUGUST 19, 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 19, 2008
Called to order at 9:05 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.
0 819 - 0 01 CORRECT IONS AND ~ OR CHANGE S TO THE AGENDA .
1. Budget Transfer - approval is requested for a budget transfer
totaling $1,104 from Contingencies as detailed in the agenda
report for expenses associated with repairs of the fire
protection system in County Service Area 128 - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT .
THE DEPARTMENT OF PUBLIC WORKS REQUESTED THIS ITEM BE REMOVED FROM
THE AGENDA. NO ACTION WAS TAKEN BY THE BOARD.
CONSENT AGENDA
0819-002 1. Resolutions (2) Confirming Proposition 4 Appropriation Limit
Calculations for the County of Butte and all special
districts under the control of the Board of Supervisors for
Fiscal Year 2008/2009 - action requested - ADOPT RESOLUTIONS
08-105 and 08-106 AND AUTHORIZE THE CHAIR TO SIGN. (Auditor-
Controller)
2. County Service Area Service Charges - In order to levy
service charges in various county service areas, it is
necessary to accomplish several prerequisite steps - action
requested - DIRECT THAT A REPORT OF SERVICE CHARGES BE
PREPARED IN ACCORDANCE WITH GOVERNMENT CODE SECTION
25210.77(a) AND FILED WITH THE CLERK OF THE BOARD; DIRECT
PUBLIC HEARING TO BE SET FOR SEPTEMBER 23, 2008 AT 9:50 a.m.;
AND DIRECT PUBLIC NOTICE OF HEARING BE GIVEN IN ACCORDANCE
WITH GOVERNMENT CODE SECTION 6066. (Auditor-Controller)
3. Adoption of Tax Rates - consideration of a resolution to
adopt various ad valorem tax rates for Fiscal Year 2008/2009
as required by State law - action requested - ADOPT
RESOLUTION 08-107 AND AUTHORIZE THE CHAIR TO SIGN.(Auditor-
Controller)
PAGE 1 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
4. Fiscal Year ma=r 2007/2008 Final Budget Transfers - the
department has prepared the final budget transfers for Fiscal
Year ~ 2007/2008. The transfer clears deficit
appropriations and makes transfers needed to close out the
fiscal year - action requested - APPROVE BUDGET TRANSFERS B-
407 (4/5 vote required) APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT. (Auditor-Controller)
5. The Bernice B. Schumer Revocable Trust - approval is
requested for a lease to house the Live Spot Program at 2120-
A Robinson Street in Oroville. The Live Spot Program is a
comprehensive youth program designed to build the
skills/capacity of young people, provide opportunities for
meaningful youth engagement and involvement in pro-social
activities and reduce/prevent gang involvement/delinquency.
The term of the agreement is from September 1, 2008 to
August 31, 2013 . The lease rate of $-6~8-r~ $ . 85 per square
foot for the 5,800 square foot building results in a lease
rate of $4,930 per month for year one with 3o annual
adjustments. This lease is funded with Mental Health Services
Act (MHSA) revenue (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Behavioral Health)
6. Butte County Probation Department - approval is requested for
an agreement between Behavioral Health and Probation for the
provision of services related to the Drug Court Program. The
term of the agreement is July 1, 2008 through June 30, 2009
with a maximum amount payable of $54,064 (department budget)
- action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Behavioral Health)
7. J. Gregory Long, D.O. - amendment - approval is requested for
an amendment to the agreement with J. Gregory Long, D.O. for
the provision of psychiatric services. The amendment
decreases the maximum amount payable by $95,000 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Behavioral Health)
8. Ed Becker, Trustee - approval is requested for a recast lease
agreement with Ed Becker, Trustee for the properties located
at 965, 975, 985, and 995 Spruce Street, Gridley, CA
comprised of approximately 4,712 square feet which is
utilized for the Gridley Behavioral Health Community
Counseling Center. The term of the agreement is September
1, 2008 through August 31, 2018 with initial monthly lease
payment of $4,523.52 with annual increases based on the
Consumer Price Index capped at 3o for ten years - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Behavioral Health)
PAGE 2 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
9. 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 08-108 AND AUTHORIZE THE CHAIR
TO SIGN. (Chief Administrative Office)
10. City of Chico - approval is requested for an agreement with
the City of Chico to provide funding for extended hours at
the Chico Branch of the Butte County Library. The term of
the agreement is July 1, 2008 through June 30, 2009 with a
maximum amount payable of $171,172 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief
Administrative Office)
11. Transfer of the Butte County Courthouse and the Juvenile
Court Facility - Pursuant to Senate Bill (SB) 1732 and
Assembly Bill 1491, the County has been negotiating with the
Judicial Council of California and the Administrative Office
of the Courts (AOC) to transfer the Butte County Courthouse
and Juvenile Court space from the County to the State. The
Butte County Courthouse is currently occupied 1000 by the
Court. The proposed agreement transfers the responsibility
of maintaining the Courthouse to the State until 2014, at
which point the title of the building will also be
transferred to the State. The Juvenile Court is housed in
the old County Juvenile Hall and occupies a small percentage
of the building. The County will retain the title to the old
Juvenile Hall, but the proposed agreement transfers the
responsibility of maintaining the Juvenile Court-occupied
space to the State - action requested - 1) APPROVE TWO
TRANSFER AGREEMENTS FOR BOTH THE BUTTE COUNTY COURTHOUSE AND
THE JUVENILE COURT FACILITY AND THE JOINT OCCUPANCY AGREEMENT
FOR THE JUVENILE COURT FACILITY AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; 2) PURSUANT TO GOVERNMENT CODE 66428(a)(2) FIND
THAT PUBLIC POLICY DOES NOT NECESSITATE THE FILING OF A
PARCEL MAP FOR THE CREATION OF THE NEW SUPERIOR COURT PARCEL
BEING CONVEYED; AND 3) AUTHORIZE CHAIR TO SIGN ALL NECESSARY
DOCUMENTS TO CONVEY THE NEWLY CREATED COURTHOUSE PROPERTY TO
THE STATE OF CALIFORNIA. (Chief Administrative Office)
PAGE 3 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
12. Resolution Agreeing to a Tax Split for the Sonntag Territory
Annexation to the Town of Paradise - consideration of a
resolution which would agree to tax split with the Town of
Paradise regarding the Sonntag Territory Annexation. The
proposed allocation of future property tax revenue is 56o to
the Town and 44o to the County effective July 1, 2008 -
action requested - ADOPT RESOLUTION 08-109 AND AUTHORIZE
THE CHAIR TO SIGN. (Chief Administrative Office)
13. Manpower - amendment - approval is requested for an amendment
to the agreement with Manpower Inc. to provide staffing
services for the Elections Department. The amendment extends
the term of the agreement through December 31, 2008 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X17124) (Clerk-Recorder)
14. Dennis D. Diver & Associates - amendment - approval is
requested for an amendment to the agreement with certified
forensic accountant, Dennis D. Diver & Associates for the
provision of investigating and preparing economic crime cases
for prosecution. The amendment extends the term of the
agreement to June 30, 2009 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X15408)(District Attorney)
15. Dale T. Fry dba Backgrounds and More - amendment - approval
is requested for an amendment to the agreement with Dale T.
Fry for pre-employment background checks and polygraphs. The
amendment extends the term of the agreement through June 30,
2009 and increases the maximum amount payable by $4,100
(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.
X15673)(District Attorney)
16. Resolution Authorizing the District Attorney's Real Estate
and Fraud Investigation Program - consideration of a
resolution which will establish a fee and implement a program
for the investigation and prosecution of real estate fraud.
The program will be funded by a $2.00 fee which will be paid
on recorded documents related to real estate transactions,
including deeds of trust, assignments of deeds of trust,
reconveyances, and notices of default. California Government
Code 27388 authorizes the imposition of this fee - action
requested - ADOPT RESOLUTION 08-110 and B-11 AND AUTHORIZE
THE CHAIR TO SIGN. (District Attorney)
PAGE 4 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
17. Department of Child Support Services (CSS) - approval is
requested for a Plan of Cooperation (POC) with CSS for the
provision of services required under Title IV-D of the Social
Security Act. The term of the agreement is July 1, 2008
through June 30, 2009 with a maximum amount payable of
$29,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Employment and Social Services)
18. Accept Unanticipated Revenue - approval is requested to
accept and appropriate $16,733.13 in funds received from the
Department of Motor Vehicles. This revenue is from initial
and renewal fees for California "Kids" vehicle license plates
- action requested - APPROVE BUDGET TRANSFER B-12 (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT. (Employment and Social Services)
19. Youth for Change - amendment - approval is requested for an
amendment to the agreement with Youth for Change for the
provision of a family facilitator. The amendment extends the
term of the agreement through June 30, 2009 and increases the
maximum amount payable by $72,804 (department budget) -
action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X16054)(Employment and
Social Services)
20. Northern Valley Catholic Social Services (NVCSS) - amendment
- approval is requested for an amendment to the agreement
with NVCSS for the provision of a family facilitator. The
amendment extends the term of the agreement through June 30,
2009 and increases the maximum amount payable by $78,300
(department budget) - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X16404)(Employment and Social Services)
21. Accept Unanticipated Revenue - approval is requested to
accept $3,375 from the Northern Circle Indian Housing
Authority and the Mooretown Rancheria to purchase needed
equipment for the Palermo Fire Station - action requested -
APPROVE BUDGET TRANSFER B-13 (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT.(Fire)
22. Notice of Completion - West Jail Facility Energy Conservation
Measures - All contract work has been completed. The work
consisted of installation of HVAC units at 33 County Center
Drive - action requested - ACCEPT CONTRACT WORK; AUTHORIZE
THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE
RECORDING OF THE NOTICE OF COMPLETION. (General Services)
PAGE 5 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
23. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: GENERAL SERVICES - requests to add one position
of Administrative Analyst, Senior; Administrative Analyst;
or Administrative Analyst, Associate. This position was
approved in the Fiscal Year 2008/2009 budget. General
Services also requests to move one position of Auditor-
Accountant, Associate; Auditor-Accountant; or Accounting
Specialist from budget unit 020-003 to 060-002. This
position was transferred to General Services as part of the
recommendations of the Finance Management Options Committee.
LIBRARY - requests one flexibly staffed position of Library
Assistant to Library Assistant, Senior or Library Assistant
- action requested - ADOPT RESOLUTION 08-111 AND AUTHORIZE
THE CHAIR TO SIGN. (Human Resources)
24. Assessments.com - approval is requested for a sole source
agreement with Assessments.com for the provision of software
and a training program designed to evaluate the criminogenic
risk factors and treatment needs of juvenile probationers.
Funding will be provided by the Youthful Offender Block Grant
(YOBG) The term of the agreement is July 1, 2008 to June
30, 2010 with a maximum amount payable of $145,000
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE FIXED ASSET
PURCHASE OF RELATED SOFTWARE INCLUDED IN THE AGREEMENT.
(Probation)
25. Chico Unified School District (CUSD) - approval is requested
for two separate agreements with CUSD for the department to
provide two half-time Probation Officers to assist with the
Focus on the Future program and Truancy programs. The
contract period for both agreements is July 1, 2008 through
June 30, 2009. The maximum amount payable for the agreement
for Focus on the Future program is $40,086 (department
budget) and the maximum amount payable for the Truancy
program is $39,617 (department budget) - action requested -
APPROVE AGREEMENTS (2) AND AUTHORIZE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Probation)
26. Butte County Children and Families Commission (BCCFC) -
approval is requested for an agreement with BCCFC for the
Oral Health Initiative Coordination program. The term of the
grant agreement is July 1, 2008 through June 30, 2013 with
a maximum amount payable of $125,671 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contact No. X17358)(Public Health)
PAGE 6 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
27. Contract Change Order for the Construction of the Aguas Frias
Road Bridge across Butte Creek, County Project No. 23201-
95-1 - approval is requested for this change order which
provides for increased funding for requiring the contractor
to install a mandatory construction joint in each of the
seven case-in-drilled-hole (CIDH) concrete piles. This
contract change order results in an overall increase to the
contract of $12,400 - action requested - APPROVE CONTRACT
CHANGE ORDER AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works)
28. Contract Change Order for the Skyway Lookout Point Parking
and Pedestrian Viewing Facility, County Project No. 51261-2-
2005-1 - approval is requested for this change order for
increased funding for replacing metal beam guard rail, wood
posts and wood blocks that were destroyed during the Humboldt
Fire at the Skyway Lookout Point parking and pedestrian
viewing facility. This contract change order results in an
overall increase to the contract of $30,112.62 - action
requested - APPROVE CONTRACT CHANGE ORDER AND AUTHORIZE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Public Works)
29. Adoption 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 - ADOPT
ORDINANCE 3988 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-5-
2008 [item 4.05])(Public Works)
30. Adoption 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 - ADOPT ORDINANCE 3989 AND AUTHORIZE THE
CHAIR TO SIGN; AND ADOPT THE RESOLUTION 08-112 ESTABLISHING
ESTIMATING RATES TO COINCIDE WITH THE ADOPTION OF THE
ORDINANCE. (From 8-5-2008 [Item 5.01])(Public Works)
PAGE 7 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
31. Speedway Avenue Extension Project, County Project No. 502550-
99-1 and the associated State Route 99 Frontage Road
Extension Project, County Project No. 502550-2005-1 -
approval is requested for the transfer of a portion of APN
040-303-070 to the owners of APN 040-030-085 as partial
compensation for the County acquisition of a portion of their
property - action requested - ADOPT RESOLUTION 08-113
AUTHORIZING THE PROPERTY MANAGER TO PREPARE AND EXECUTE ALL
NECESSARY DOCUMENTS FOR TRANSACTION AND AUTHORIZING THE
TRANSFER OF PARCEL H; AND AUTHORIZE THE CHAIR TO SIGN.(Public
Works)
32. Fiscal Year 2008 Inmate Welfare Expenditure Report - Pursuant
to Penal Code Section 4025(e), submitted is the annual Inmate
Welfare Expenditure Report - action requested - ACCEPT FOR
INFORMATION. (Sheriff-Coroner)
33. Keefe Commissary Network - approval is requested for an
agreement with Keefe Commissary Network for the provision of
commissary services for the inmate population of the jail.
The recently completed Request for Proposal (RFP) process
received four responses of the six vendors solicited and
Keefe Commissary network was selected due to level of
service, reputation, and the highest commission rate offered
among the respondents. The term of the agreement is
September 1, 2008 through August 31, 2011 - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Sheriff-Coroner)
34. Approval of Letter to the Delta Vision Blue Ribbon Task
Force - approval is requested for letter commenting on the
draft Delta Vision Strategic Plan that was first released on
June 18, 2008 by the Delta Vision Blue Ribbon Task Force.
The Task Force was created by the Governor to develop a
recommendation and strategic plan to address the problems
facing the Delta - action requested - APPROVE LETTER AND
AUTHORIZE THE CHAIR TO SIGN. (Water and Resource
Conservation)
35. Resolution Recognizing September 2008 as Prostate Cancer
Awareness Month - action requested - ADOPT RESOLUTION 08-114
AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Connelly)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE CORRECTIONS AS READ
INTO RECORD AND WITH THE EXCEPTION OF ITEM 3.29 WHICH WAS REMOVED
FROM THE AGENDA.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
CHAIR JOSIASSEN READ THE RESOLUTION RECOGNIZING SEPTEMBER 2008 AS
PROSTATE CANCER AWARENESS MONTH.
PAGE 8 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
REGULAR AGENDA
0819-003 Boards, Commissions and Committees.
MINUTES -AUGUST 19, 2008
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports. (NONE)
0819-004 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 THAT THE BUTTE COUNTY BOOTH AT THE CALIFORNIA STATE
FAIR RECEIVED AN AWARD FOR BEST USE OF SPECIAL EFFECTS IN ADDITION
TO A GOLD MEDAL HONOR.
HE ALSO REPORTED THAT THE GOVERNOR SENT A LETTER TO THE PRESIDENT
OF THE UNITED STATES REQUESTING A MAJOR FEDERAL DISASTER FOR THE
STATE OF CALIFORNIA BEGINNING MAY 22, 2008.
0819-005 Update of General Plan 2030 Process by Director-Development
Services.
PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES.
HE REVIEWED THE GENERAL PLAN 2030 PROCESS. THE BOARD DID SCHEDULE
THEIR NEXT GENERAL PLAN 2030 STUDY SESSION FOR MEETING SERIES #5
FOR WEDNESDAY JANUARY 21, 2009 AND THURSDAY, JANUARY 22, 2009.
1. Butte County General Plan 2030 - Format and Outline of the
Draft General Plan - submitted is information on the
organization and draft outline of General Plan 2030,
including the work of the Butte County Planning Commission
and the Citizen's Advisory Committee - action requested -
PROVIDE DIRECTION AND APPROVE A DRAFT OUTLINE FOR THE GENERAL
PLAN, INCLUDING OPTIONAL ELEMENTS.
MOTION: I MOVE TO APPROVE A DRAFT OUTLINE FOR THE GENERAL PLAN AS
RECOMMENDED, INCLUDING OPTIONAL ELEMENTS.
M 2
VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (MOTION CARRIED 4-1)
0819-006 Update Regarding Upcoming Butte County Code Amendments.
PRESENTATION BY TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES.
PAGE 9 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 19, 2008
0819-007 Information Systems Computer Use and Ethics Policy and
Procedures - submitted for approval is the County of Butte
Information Systems Policies and Procedures - Computer Use and
Ethics Policy - action requested - ADOPT POLICY AS SUBMITTED.
(Chief Administrative Office)
PRESENTATION BY MARION REEVES, BUTTE COUNTY COMPLIANCE OFFICER.
MOTION: I MOVE TO ADOPT POLICY AS SUBMITTED.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
RECESS: 10:24 A.M.
RECONVENE: 10:30 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
0819-008 Public Hearing - Resolution Approving Community Development Block
Grant (CDBG) Application - consideration of a resolution approving
an application for a CDBG Planning and Technical Assistance Grant
in the amount of $70,000 for a Palermo Wastewater and Drainage
Study - action requested - ADOPT RESOLUTION 08-115 AND AUTHORIZE
THE CHAIR TO SIGN. (Chief Administrative Office)
PRESENTATION BY DAN BLAIR, SENIOR MANAGEMENT ANALYST.
PUBLIC HEARING OPENED: 10:38 A.M.
PUBLIC HEARING CLOSED: 10:39 A.M.
MOTION:
VOTE:
I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
M 2
1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 10
AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 19, 2008
0819-009 Public Hearing - Zoning Code Amendment ZCA07-0002 - consideration
of a ZCA to modify a previously approved Planned Unit Development
(PUD). The parcel is located at 2280 Durham-Dayton Highway in
Durham, APN 040-630-013, which includes the W.W. Durham House.
The Butte County Planning Commission recommends the proposed
amendment which will include additional uses - action requested -
ADOPT RESOLUTION 08-116 MAKING FINDINGS AND ADOPTING THE NEGATIVE
DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT;
AND ADOPT ORDINANCE 3990 MODIFYING THE PREVIOUSLY APPROVED PUD.
(Development Services)(3401)(1:26:35)
PRESENTATION BY STACEY JOLLIFFE AND MARK MICHELENA FROM DEPARTMENT
OF DEVELOPMENT SERVICES.
PUBLIC HEARING OPENED: 10:46 A.M.
PUBLIC HEARING CLOSED: 11:03 A.M.
MR. NED VERNOGA AND MR. FUHRING ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT RESOLUTION MAKING FINDINGS AND ADOPTING THE
NEGATIVE DECLARATION PURSUANT TO THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT; AND ADOPT ORDINANCE MODIFYING THE PREVIOUSLY APPROVED
PUD.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
0819-010 Public Hearing - Tonriha Subdivision - On June 24, 2008, the Board
adopted a resolution of intent to establish the Butte County
Permanent Road Division Zone 001 and to impose parcel charges for
lighting and road maintenance and to set a protest hearing/ballot
proceeding. The current owner of the property has already
provided a ballot in favor of the service charges - action
requested - OPEN PUBLIC HEARING AND ASK FOR COMMENTS OR PROTESTS
TO THE ESTABLISHMENT OF THE PROPOSED SERVICE CHARGES; REQUEST
BALLOT RESULTS FROM THE CLERK OF THE BOARD; AND
1. IF A MAJORITY OF BALLOTS ARE IN FAVOR OF THE
ESTABLISHMENT OF SERVICE CHARGES, APPROVE THE FORMATION OF
ZONE 001 TO IMPOSE ANNUAL ASSESSMENTS FOR STREET LIGHTING AND
ROAD MAINTENANCE SERVICES;
-OR-
2. IF CURRENT OWNER OF THE PROPERTY WITHDRAWS PREVIOUSLY
SUBMITTED BALLOT OR PROTESTS, DENY THE REQUEST TO ESTABLISH
SERVICE CHARGES. (Public Works)
PRESENTATION BY TOM BLIXT OF PUBLIC WORKS.
PAGE 11
AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 19, 2008
PUBLIC HEARING OPENED: 11:05 A.M.
PUBLIC HEARING CLOSED: 11:05 A.M.
THE CLERK OF THE BOARD VERIFIED THAT ONE BALLOT IN FAVOR OF THE
ASSESSMENT HAS BEEN RECEIVED, AND THERE HAS NOT BEEN A REQUEST TO
WITHDRAW THAT SUBMITTED BALLOT. NO PROTESTS WERE RECEIVED.
MOTION: I MOVE TO APPROVE THE FORMATION OF ZONE 001 TO IMPOSE ANNUAL
ASSESSMENTS FOR STREET LIGHTING AND ROAD MAINTENANCE SERVICES.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
0819-011 Timed Item - Butte County Wireless Communication Facilities - The
Department of Development Services requests Board direction
regarding a potential amendment to the existing wireless
communication facilities ordinance of the Butte County Code (BCC
24-262) - action requested - PROVIDE DIRECTION TO
STAFF. (Development Services)
PRESENTATION BY STACEY JOLLIFFE, PRINCIPAL PLANNER WITH
DEVELOPMENT SERVICES AND BY SCOTT FRIEND WITH PACIFIC MUNICIPAL
CONSULTANTS. (2:29:00)
PUBLIC HEARING OPENED: 11:30 A.M.
PUBLIC HEARING CLOSED: 11:41 A.M.
KEN GROUSE, ALAN HEINE, ARLENE WARD, AND JERRY JAZMADARIAN
ADDRESSED THE BOARD.
MOTION: I MOVE TO HAVE THE DEPARTMENT BRING BACK AN AMENDMENT TO THE
EXISTING WIRELESS COMMUNICATION FACILITIES ORDINANCE TO ESTABLISH
A USE PERMIT PROCESS.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 12
AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
REGULAR AGENDA
0819-012 Request to Restore Positions Deleted in the Fiscal Year 2008/2009
Budget - the Department requests to restore six Behavioral Health
Counselor positions and two Behavioral Health Counselor, Senior
positions due to an increase in the 2008/2009 Mental Health
Services Act allocation. This restoration would reduce the number
of layoffs from nineteen to eleven. Approval is also requested to
accept unanticipated revenue as detailed in the agenda report-
action requested - RESTORE EIGHT POSITIONS AS DETAILED IN AGENDA
REPORT; AND APPROVE BUDGET TRANSFER B-14 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE
AGENDA REPORT. (Behavioral Health)
PRESENTATION BY ED WALKER, INTERIM DIRECTOR OF BEHAVIORAL HEALTH.
MOTION: I MOVE TO RESTORE EIGHT POSITIONS AS DETAILED IN AGENDA REPORT;
AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA
REPORT .
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
THE BOARD CONFIRMED A PUBLIC WORKSHOP REVIEWING THE SPECIFICS OF
THE BEHAVIORAL HEALTH BUDGET WILL BE HELD AT THE SEPTEMBER 9, 2008
BOARD OF SUPERVISORS MEETING. THE WORKSHOP IS SCHEDULED TO BEGIN
AT 2:00 P.M. (2:39:06)
0819-013 Approve Cash Advance - approval is requested for a cash advance of
up to $930,000 from the General Fund to the Social Services Fund
0020 to cover the negative cash position of DESS at the end of
Fiscal Year 2007/2008 due to reduced cash receipts to DESS. These
receipts include a combination of a decrease in realignment
revenues which was identified as a concern during the mid year
review and an unanticipated delay in state reimbursements for
Medi-Cal and IHSS contract payments at the end of FY 2007/2008.
The advance will be paid back with the receipt of accrued
2007/2008 receivables of approximately $4 million that will be
received in the first half of this Fiscal year - action
requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
PRESENTATION BY CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL
SERVICES.
MOTION: I MOVE TO APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 13 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
0819-014 Approve Cash Advance - At the June 24, 2008 Board of Supervisors
meeting, a cash advance of $4 million from the General Fund to the
Behavioral Health Fund was approved. Because $1,388,327 in
anticipated billing revenue for Fiscal Year (FY) 2007/2008 was
received after June 30, 2008, the department requests the cash
advance be increased to a total of $5.35 million. This would
allow for closure of the FY 2007/2008 year-end process. Approval
of this action would allow for the $1,388,327 to be immediately
paid back to the General Fund - action requested - APPROVE CASH
ADVANCE OF UP TO $5.35 MILLION FROM THE GENERAL FUND INTO THE
BEHAVIORAL HEALTH FUND. (Behavioral Health)(2:51:05)
PRESENTATION BY ED WALKER, INTERIM DIRECTOR OF BEHAVIORAL HEALTH.
MOTION: I MOVE TO APPROVE CASH ADVANCE OF UP TO $5.35 MILLION FROM THE
GENERAL FUND INTO THE BEHAVIORAL HEALTH FUND.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Items Removed from the Consent Agenda for Board Consideration and
Action. (NONE)
CLOSED SESSION
0819-015 THE BOARD RECESSED AT 12:13 P.M. TO CLOSED SESSION REGARDING:
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) FIVE
CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100).
2. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC);
CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA; AND
3. VANELLA OIL V. BUTTE COUNTY; BUTTE COUNTY SUPERIOR COURT CASE
NO. 142273;
4. JONES V. COUNTY OF BUTTE, ET AL. (CONSENT DCREE); BUTTE
COUNTY SUPERIOR COURT CASE NUMBER 084429;
5. GIBSON V. COUNTY OF BUTTE; SUPERIOR COURT CASE NO. 138022.
PAGE 14 AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 19, 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 1:30 P.M. FROM CLOSED SESSION REGARDING:
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) FIVE
CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100).
2. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC);
CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA; AND
3. VANELLA OIL V. BUTTE COUNTY; BUTTE COUNTY SUPERIOR COURT CASE
NO. 142273;
4. JONES V. COUNTY OF BUTTE, ET AL. (CONSENT DCREE); BUTTE
COUNTY SUPERIOR COURT CASE NUMBER 084429;
5. GIBSON V. COUNTY OF BUTTE; SUPERIOR COURT CASE NO. 138022.
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 15
AUGUST 19 , 2008
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 19, 2008
PUBLIC HEARINGS AND TIMED ITEMS
0819-016 Timed Item - Fire Department Standards of Response Cover Study
(SOC) - The department will provide a study session regarding the
SOC related to deployment standards, career staffing, training,
communications, and station locations for the career portion of
the Fire Department. A workshop on the volunteer portion of the
Fire Department at a later date - action requested - ADOPT BUTTE
COUNTY FIRE DEPARTMENT PRIORITIES; AND ADOPT THE BUTTE COUNTY FIRE
DEPARTMENT DEPLOYMENT PERFORMANCE STANDARDS FOR INCLUSION IN THE
BUTTE COUNTY GENERAL PLAN. (Fire)(**877)
PRESENTATION BY BUTTE COUNTY FIRE CHIEF HENRY BRACHIAS, CHIEF
GEORGE MORRIS AND STU GARY, OF CITYGATE ASSOCIATES.
MOTION: I MOVE TO ADOPT BUTTE COUNTY FIRE DEPARTMENT PRIORITIES; AND ADOPT
THE BUTTE COUNTY FIRE DEPARTMENT DEPLOYMENT PERFORMANCE STANDARDS
FOR INCLUSION IN THE BUTTE COUNTY GENERAL PLAN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PUBLIC COMMENT (None)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE
THE BOARD, THE MEETING WAS ADJOURNED
AT 2:50 P.M., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, SEPTEMBER 9, 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 16 AUGUST 19 , 2008