HomeMy WebLinkAboutM082410BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
August 24, 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
MINUTES -AUGUST 24, 2010
Called to order at 9:00 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.
Observation of a Moment of Silence.
1023-001 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
1. Resolution to Amend the Salary Ordinance - The resolution will amend the salary
ordinance as follows:
BEHAVIORAL HEALTH -requests to reclassify one position of Program Manager, Wellness
and Recovery to Manager, Program Development to be effective June 26, 2010. This
change will leave the total allocations in the department unchanged.
HUMAN RESOURCES - requests to adjust the annual salary range for the Chief
Administrative Officer classification in Section 58, Reference A, Appointed Department
Heads. The minimum annual salary is $205,000 and the maximum annual salary is
$220,000.
COUNTY COUNSEL -requests to change the allocation of one position of Deputy County
Counsel IV/III/II/I to a flexibly staffed Chief Deputy County Counsel/Deputy County
Counsel IV/III/II/I position effective July 1, 2010. This change was included in the FY 2010-
2011 budget as adopted by the Board of Supervisors and will leave the total allocations in
the department unchanged -action requested -ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (Human Resources)
RUDY JENKINS REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR.
2. Federal Equitable Sharing Agreement and Certification -approval is requested for FY
2009-2010 Equitable Sharing Agreement and Certification which will be submitted to the
Department of Justice and the United States Department of the Treasury as required by
law. The program provides for the sharing of proceeds obtained from illegal activities
such as drug sales -action requested -AUTHORIZE THE CHAIR TO SIGN AGREEMENT
AND CERTIFICATIONS.
THE SHERIFF'S DEPARTMENT REQUESTED THIS ITEM BE REMOVED FROM THIS AGENDA.
IT WILL RETURN ON A SUBSEQUENT AGENDA.
PAGE 1
August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 24, 2010
1023-002
PAGE 2 August 24, 2010
CONSENT AGENDA
1. California Department of Food and AEriculture (CDFA) -revenue agreement with CDFA
for the Pierce's Disease Control Program/Glassy-Winged Sharpshooter Program. The term
of the agreement is July 1, 2010 through June 30, 2012 with a maximum amount
receivable of $186,328.56 -action requested -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Agriculture)
2. County Service Area CharEes for Fiscal Year 2010/2011 - action requested -DIRECT THAT
A REPORT OF SERVICE CHARGES BE PREPARED IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 25210.77a AND FILED WITH THE CLERK OF THE BOARD OF SUPERVISORS;
AND DIRECT THE PUBLIC HEARING TO BE SET FOR SEPTEMBER 28, 2010 AT 9:30 AM.
(Auditor-Controller)
3. Adoption of Tax Rates -State law requires the Board to adopt various ad valorem tax
rates no later than September 15t of each year -action requested -ADOPT RESOLUTION
10-116 FIXING TAX RATES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 2010/2011.
(Auditor-Controller)
4. Feather River Tribal Health, Inc. -agreement with Feather River Tribal Health, Inc. for
mental health services for children with full scope Medi-Cal who meet the criteria of
medical necessity. The term of the agreement is July 1, 2010 through June 30, 2011 with
a maximum amount payable of $435,158.58 (department budget utilizing Federal and
State Medi-Cal funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Behavioral Health)
5. Record Express of California, LLC dba Access Information Systems -amendment to the
agreement with Record Express for storage space, access, and delivery of archived
records for Butte County Department of Behavioral Health. The amendment extends the
term of the agreement through June 30, 2011 and increases the total amount payable by
$1,487.88 (department budget utilizing MHSA funds) -action requested -APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
6. BudEet Adjustment and Fixed Asset Purchase -approval is requested for a budget
adjustment of $51,800 from the department's Office Expense Account for the following
fixed assets purchases associated with the department's Mental Health Services Act
(MHSA) Capital Facilities and Information Technology (IT) plan: a server, at an estimated
cost of $24,000 and five switches, at an estimated cost of $27,800 that will be used to
replace aging infrastructure and provide enhanced network security -APPROVE BUDGET
ADJUSTMENT (4/5 vote required) AND APPROVE FIXED ASSET PURCHASES. (Behavioral
Health)
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 24, 2010
7. Enloe Medical Center -agreement with Enloe Medical Center for the Touchstone
Perinatal Program which is a collaborative community drug and alcohol treatment
program for women. The term of the agreement is July 1, 2010 through September 30,
2010 with a maximum amount payable of $144,965 (department budget) -action
requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
8. A.A. Mental Health Resources, Inc. - AdeEoke A. Adeyemo, M.D. -agreement with A.A.
Mental Health Resources for psychiatric services. The term of the agreement is
September 1, 2010 through June 30, 2011 with a maximum amount payable of $95,040
(department budget) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Behavioral Health)
9. Stairways Recovery, Inc. -agreement with Stairways Recovery, Inc. for psychosocial
rehabilitation through the Clubhouse Program and Warm Line. The term of the
agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of
$218,683 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Behavioral Health)
10. BudEet Adjustment and Master Subrecipient AEreement -Butte County received
notification of an award of $300,000 in Community Development Block grant funds for
the Butte County Micro-enterprise Business Assistance Program. Staff recommends
implementing the Micro-Enterprise Program with 3CORE, which has been administering
the Butte County Business Incubator Program since its inception. The Master
Subrecepient agreement requires that any new activity be added to the agreement and
incorporated as an Exhibit to the Master Subrecipient Agreement. The total cost for
administration and implementation of this grant shall not exceed $294,000 -action
requested -APPROVE THE BUDGET ADJUSTMENT AND APPROVE EXHIBIT #34 TO THE
MASTER SUBRECIPIENT AGREEMENT WITH 3CORE AND AUTHORIZE THE CHAIR TO SIGN.
(Chief Administrative Office)
11. Letter to the Stewardship Council ReEardinE Donation of PG & E Lands to the United
State Forest Service (USES) and Bureau of Land ManaEement (BLM) -The Pacific Forests
and Watershed Lands Stewardship Council (Stewardship Council) is a California non-
profit public-benefit corporation founded in 2004 under a mandated PG & E bankruptcy
settlement agreement. The settlement included a Land Conservation Commitment by
which the PG&E Watershed Lands would be subject to conservation easements and/or
be donated in fee simple to public entities or non-profit organizations for the benefit of
the public. On August 2, 2010, the Stewardship Council announced that it will
recommend the donation of fee title of three parcels in planning units within Butte
County to the USES and BLM at its September 16th Board of Directors meeting. Staff has
drafted a letter on behalf of the Board of Supervisors providing comments from the
County to the Stewardship Council regarding the proposed actions, focusing on revenue
neutrality and enhanced public access -action requested -APPROVE LETTER AND
AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office)
PAGE 3 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 24, 2010
12. BudEet Adjustment for USDA BanEor Fire Station 55 - On September 9, 2008, the Board
of Supervisors adopted Resolution 08-123 relating to the Certificates of Participation
financing arrangement with the United States Department of Agriculture (USDA) for the
renovation of Bangor Fire Station 55. The USDA's loan approval, which was finalized on
August 11, 2010, was subsequently extended for two years at the request of the
County. The USDA requires that the first interest payment be paid by February 1, 2011.
Since the budget for FY 2010-2011 has already been adopted, an appropriation of
$25,000 from the Captial Projects Fund is needed to make the payment -action
requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required) AS DETAILED IN THE
AGENDA REPORT. (Chief Administrative Office)
13. Response to Grand Jury Report - In compliance with Penal Code Sections 933 and
933.05, staff has prepared a draft Board of Supervisors response to the findings and
recommendations contained in the 2009-2010 Grand Jury Final Report. Also included
are the responses from department heads prepared for the Presiding Judge of Butte
County Superior Court -action requested -APPROVE THE GRAND JURY RESPONSE.
(Chief Administrative Office)
14. Approval of Minutes -minutes of June 22, 2010; August 10, 2010 and August 17, 2010 -
action requested -APPROVE MINUTES. (Chief Administrative Office)
15. Request for Waiver of BuildinE Permit Fees -The Butte County Sheriff's Posse is a
voluntary non-profit organization supported by donations. The Posse will be filing for
building permits fora 1,000 square foot expansion to the existing building located at
1222 Openshaw Road. The facility is used by the Posse and law enforcement agencies
in Butte County as a county-wide shooting range. The Posse and the Butte County
Sheriff's Office are requesting the Board consider waiving and finding an exemption
from County related fees for the Building Permit. The estimate of the County fees is
$11,812.94 which does not include any applicable school, parks or recreation district
fees that are required -action requested -WAIVE AND FIND AN EXEMPTION FROM
FEES RELATED TO THE BUILDING PERMIT FOR THE PROPOSED EXPANSION.
(Development Services)
16. Resolution for Application for Grant Funds -The department requests approval of an
application for Grants funds for the Sustainable Communities Planning Grant and
Incentives Program under the Safe Drinking Water, Water Quality and Supply, Flood
Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). The grant will
reimburse cities, counties, Metropolitan Planning Organizations, Joint Powers
Authorities, Regional Transportation Planning Agencies, Councils of Governments,
individually or in partnerships for the cost of developing sustainable community plans.
Specific activities to which the grants may be applied include the development of a
Climate Action Plan as required by the Draft Butte County General Plan 2030. Individual
grants may range from $100,000 to $1 million with applications due by August 31, 2010
- action requested -ADOPT THE RESOLUTION 10-117 APPROVING AN APPLICATION
FOR GRANT FUNDING AND AUTHORIZE THE CHAIR TO SIGN. (Development Services)
PAGE 4 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 24, 2010
17. Surplus Vehicles and Equipment -approval is requested to surplus a total of nineteen
vehicles and equipment from various departments. As detailed in the agenda report,
these vehicles and equipment are in need of costly repairs, are not currently working, or
are obsolete -action requested -DECLARE VEHICLES AND EQUIPMENT AS SURPLUS AS
DETAILED IN AGENDA REPORT AND REMOVE EACH FROM FIXED ASSET LEDGER.
(General Services)
18. Ed Becker -amendment to the lease agreement with Ed Becker for the Behavioral
Health Gridley Community Center facility at 965 Spruce Street. The amendment
reduces the lease payment by $0.05 per square foot per month for a period of one year.
This will lower the monthly payment to $4,429.28 beginning September 1, 2010 -
action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(General Services)
19. Branson Trust -agreement with Branson Trust for leasing the facility located at 1500
Lincoln Street in Oroville. This facility is used by Behavioral Health Youth Services to
provide mental health prevention and early intervention activities to the youth. The
term of the agreement is September 1, 2010 through February 28, 2011 with options to
extend in six month intervals. The modified net lease at $0.70 per square foot for the
6,300 square foot facility will remain flat at $4,410.00 per month for the term of the
lease -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (General
Services)
20. BudEet Adjustment -The department requests approval of a budget adjustment for the
Department of Behavioral Health (BCDBH) County-owned facility located at 2243 Del
Oro Avenue in Oroville which provides adult services. In an effort to provide improved
access and security, and to allow for delivery of improved services. BCDBH is requesting
modifications, estimated at $33,000 be provided. General Services department is
requesting the funds be transferred from BCDBH's budget for the facility modification -
action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required)
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (General Services)
21. BudEet Adjustment -The department requests approval of a budget adjustment for the
BCDBH's Psychiatric Health Facility (PHF) located at 592 Rio Lindo in Chico which
provides in-patient psychiatric services. BCDBH has requested improved client security
through facility modifications to the exterior fence. Funding for the facility
modifications, estimated at $9,000 is provided for in the Behavioral Health
Department's Mental Health Services Act budget. General Services department is
requesting the funds to be transferred from BCDBH's budget for the facility
modification -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required)
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (General Services)
PAGE 5 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 24, 2010
22. Side Letter with Butte County Employee's Association-Social Services Workers Unit
(BCEA-SSW) -The department requests approval of a side letter with BCEA-SSW on
behalf of Nichole Nava who is employed by the Department of Employment & Social
Services as an Employment Case Manager, Senior. She has been offered and accepted a
temporary position on the ISAWs Migration Program team and will be paid by the State,
while maintaining her employment status with the County of Butte -action requested -
APPROVE SIDE LETTER AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Human
Resources)
23. Department of Homeland Security -California EmerEency ManaEement AEency -accept
and appropriate $380,050 in grant funds from the Interoperable Emergency
Communications Grant Program to carry out initiatives to improve interoperable
emergency communications, including communications in collective response to natural
disasters, acts of terrorism, and other man-made disasters through planning, training
and exercises for an 18 County Region -action requested -APPROVE BUDGET
ADJUSTMENT (4/5 vote required) ACCEPTING AND APPROPRIATING REVENUE AS
DETAILED IN THE AGENDA REPORT; AND APPROVE RESOLUTION 10-119 AND AUTHORIZE
THE CHAIR TO SIGN. (Information Systems)
24. Resolution RecoEnizinE September 2010 as National EmerEency Preparedness Month -
action requested -ADOPT RESOLUTION 10-120 AND AUTHORIZE THE CHAIR TO SIGN.
(Public Health)
25. California Department of Public Health -revenue agreement with the California
Department of Public Health for funding for Butte County's Public Health Emergency
Preparedness, Pandemic Influenza and Hospital Preparedness Program (HPP). The term
of the agreement is July 1, 2010 through August 9, 2011 with a maximum amount
receivable of $528,882 -action requested -APPROVE AGREEMENT AND RELATED
CERTIFICATIONS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health)
26. U.S. Department of Justice/DruE Enforcement Administration (DEA) FundinE 2010 -
accept $10,000 in additional funding from the DEA for the investigation of the illegal
cultivation and trafficking of marijuana using ground and aerial detection -ACCEPT
GRANT FUNDS IN THE AMOUNT OF $10,000; AND AUTHORIZE THE SHERIFF-CORONER
OR HIS DESIGNEE TO EXECUTE THE AGREEMENT AND ALL DOCUMENTS RELATED TO THIS
GRANT. (Sheriff- Coroner)
27. California Forensics Medical Group (CFMG) -amendment to the agreement with
California Forensics Medical Group for the medical care of Butte County inmates housed
in the jail facility. The amendment increases the maximum amount payable for the CPI
adjustment and ADAP treatment by $136,048. The department had anticipated an
increase in the contract and budgeted $41,048, therefore a budget adjustment of
$95,000 (from the Inmate Welfare fund) is requested -action requested -APPROVE
BUDGET ADJUSTMENT (4/5 vote required) AS DETAILED IN THE AGENDA REPORT; AND
APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff- Coroner)
PAGE 6 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 24, 2010
28. Budget Adjustment -The Sheriff's Work Alternative Program unit cleans the buildings
and grounds at the Sheriff's Office complex. The equipment used to clean the grounds is
uncovered and subject to premature aging due to weather. The department would like
to purchase a portable metal shade structure/carport to cover the exposed equipment.
The estimated cost of the 24' x 26' shade structure is $3,200 delivered and installed -
action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Sheriff-
Coroner)
29. Appointment to the Technical Advisory Committee of the Butte County Water
Commission -action requested -APPOINT ELAINE McSPADDEN. (Water and Resource
Conservation)
MOTION: I MOVE TO ADOPT THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.27 THAT WAS
REMOVED FROM THIS AGENDA AND ITEM 3.23 THAT WAS REMOVED FROM THE CONSENT
AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
REGULAR AGENDA
1023-003 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (None)
2. Board Member or Committee Reports (5:56)
SUPERVISOR YAMAGUCHI REPORTED ON MEETINGS WITH REGIONAL COUNCIL OF RURAL
COUNTIES AND THE BEHAVIORAL HEALTH BOARD.
JOHN GULSERIAN, EMERGENCY SERVICES OFFICER AND PHYLLIS MURDOCK, DIRECTOR OF
PUBLIC HEALTH ACCEPTED THE RESOLUTION RECOGNIZING NATIONAL EMERGENCY
PREPAREDNESS MONTH THAT WAS ADOPTED ON THE CONSENT AGENDA.
1023-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
SCOTT TANDY, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORT REGARDING THE STATE
BUDGET. HE REPORTED THAT THE STATE HAS ANNOUNCED THAT THERE WILL BE DELAYS IN
PAYMENTS TO SCHOOLS AND COUNTIES.
AUDITOR-CONTROLLER, DAVE ROUSER PROVIDED A REPORT.
MR. TANDY REPORTED THAT HE, THE CHIEF FINANCIAL OFFICER, AND THE AUDITOR
CONTROLLER WILL BE PROVIDING FINANCIAL REPORTS TO THE COUNTY STAFF AND
EMPLOYEE ORGANIZATIONS ON SEPTEMBER 1, 2010 IN THE BOARD CHAMBERS AND ON
SEPTEMBER 3, 2010 IN CHICO AT 2445 CARMICHAEL DRIVE.
PAGE 7 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 24, 2010
MR. TANDY REPORTED THAT THE REORGANIZATION SUBCOMMITTEE HAS MET TWICE. HE
STATED THAT ON THE SEPTEMBER 14 AGENDA, HE WILL BE RECOMMENDING CHANGES TO
THE STRUCTURE OF THE CHIEF ADMINISTRAITIVE OFFICE.
HE REPORTED THAT RICHARDS HALL, THE DIRECTOR OF GENERAL SERVICES ANNOUNCED HIS
RETIREMENT FROM BUTTE COUNTY ON AUGUST 23, 2010.
PUBLIC HEARINGS AND TIMED ITEMS
1023-005 Public HearinE -Proposed Fee Adjustments to the Master Fee Schedule for Sheriff, Public
Works, and Public Health Departments -Departments are recommending adjustments to the
master fee schedule. Sheriff's office proposes a modification to the Coroner's Fee for actual
costs of service. The Public Works department has conducted a cost analysis and proposes a
1.7% increase in tipping fees for commercial waste at the Neal Road Waste and Recycling
facility. Public Health is recommending new and amended fees related to the new
requirements and standards for on-site wastewater treatment systems. The fees are
established at 80% of the estimated cost to provide service. These fees have been approved
by the Wastewater Advisory Committee - ADOPT RESOLUTIONS 10-123 AND 10-124
AMENDING THE MASTER FEE SCHEDULE AS OUTLINED IN THE DETAILED AGENDA REPORT
AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administration Office)
KEVIN TAGGART, MANAGEMENT ANALYST PROVIDED A REPORT TO THE BOARD. BILL
MANNELL FROM PUBLIC WORKS (38:24), AND BRAD BANNER FROM THE PUBLIC HEALTH
DEPARTMENT PROVIDED REPORTS.
PUBLIC HEARING OPENED: 9:45 A.M.
PUBLIC HEARING CLOSED: 9:45 A.M.
MOTION: I MOVE TO APPROVE THE PROPOSED FEE SCHEDULE FOR THE SHERIFF'S OFFICE.
VOTE: 2 M
1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
MOTION: I MOVE TO APPROVE THE PROPOSED FEE SCHEDULE FOR THE NEAL ROAD FACILITY. (44:53)
M 2
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED 4-1)
MOTION: I MOVE TO APPROVE THE CHANGES IN THE PUBLIC HEALTH FEES AND THE NEW FEE FOR THE
NEW PROGRAM AS PROPOSED.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Recess: 9:49 A.M.
Reconvene: 10:00 A.M.
PAGE 8 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 24, 2010
Items Removed from the Consent Agenda for Board Consideration and Action.
1023-006
1. Resolution to Amend the Salary Ordinance - The resolution will amend the salary
ordinance as follows:
BEHAVIORAL HEALTH -requests to reclassify one position of Program Manager,
Wellness and Recovery to Manager, Program Development to be effective June 26,
2010. This change will leave the total allocations in the department unchanged.
HUMAN RESOURCES -requests to adjust the annual salary range for the Chief
Administrative Officer classification in Section 58, Reference A, Appointed Department
Heads. The minimum annual salary is $205,000 and the maximum annual salary is
$220,000.
COUNTY COUNSEL -requests to change the allocation of one position of Deputy County
Counsel IV/III/II/I to a flexibly staffed Chief Deputy County Counsel/Deputy County
Counsel IV/III/II/I position effective July 1, 2010. This change was included in the FY
2010-2011 budget as adopted by the Board of Supervisors and will leave the total
allocations in the department unchanged -action requested -ADOPT RESOLUTION 10-
118 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
RUDY JENKINS REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR. HE REQUESTED THE BOARD REMOVE THE BEHAVIORAL
HEALTH PORTION OF THIS ITEM.
MOTION: I MOVE TO ADOPT THE RESOLUTION WITH THE EXCEPTION OF THE RECLASSIFICATION IN THE
BEHAVIORAL HEALTH DEPARTMENT. (AMENDMENTS AS REQUESTED BY HUMAN RESOURCES
AND COUNTY COUNSEL WERE APPROVED)(54:54)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 9
August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 24, 2010
1023-007 Timed Item -Future ManaEement of the County's State Water Protect Table AAllocation -
The County has an allocation for State Water Project (SWP) water of 27,500 acre feet per
year, through an agreement made with the Department of Water Resources (DWR) when
Oroville Dam was built in the late 1960's, referred to as the County's Table A allocation.
Recent changes by DWR regarding the Table A allocation have resulted in an adverse fiscal
impact of over one million dollars annually to the General Fund -action requested -
1) CONTINUE NEGOTIATIONS WITH LOCAL PURVEYORS TO ENSURE A REALISTIC
RESERVETO MEETTHEIR FUTURE NEEDS;
2) ENTER INTO NEGOTIATIONS WITH PALM DALE WATER DISTRICT, IN RESPONSE TO
CERTAIN TERMS OF THE APRIL 2010 LETTER OF INTENT, TO INVESTIGATE THE
POSSIBILITY OF A SALE OR LEASE OF A PORTION OF THE TABLE A ALLOCATION;
3) DIRECT THE CHIEF ADMINISTRATIVE OFFICER, THE DEPARTMENT OF WATER AND
RESOURCE CONSERVATION AND COUNTY COUNSEL TO FURTHER EXPLORE THE
FEASIBILITY OF ANOTHER MULTI-YEAR LEASE SIMILAR TO THE 2008-2009 DRY YEAR
PROGRAM.
4) BEGIN A STRATEGIC PLANNING PROCESS TO DETERMINE AN EQUITABLE APPROACH
AND COST-SHARING WITH THE LOCAL PURVEYORS TO DETERMINE THEIR FUTURE
DEMANDS AND PAYMENT SCHEDULE AS A MEANS OF SECURING TABLE A WATER FOR
LOCAL USES. (Water & Resource Conservation)
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION AND VICKIE NEWLIN,
ASSISTANT DIRECTOR OF WATER AND RESOURCE CONSERVATTION PROVIDED A REPORT.
(56:24)(1:05:19)(1:16:21)
THE FOLLOWING INDIVIDUALS THE BOARD: DOUG LAMALFA (1:30:06), PRESTON DICKINSON
FROM WALLY HERGER'S OFFICE, STEVE THOMPSON FROM ASSEMBLYMAN DAN LOGUE'S
OFFICE, JAMES TOWNSEND (1:47:31), BOB FORTING FROM DEL ORO WATER, ROBIN
HUFFMAN, AND TONI RUGGLE.
MOTION: I MOVE TO DIRECT STAFF TO (IN ORDER OF PRIORITY): 1) CONTINUE NEGOTIATIONS WITH
LOCAL PURVEYORS TO ENSURE A REALISTIC RESERVE TO MEET THEIR FUTURE NEEDS; AND 2)
BEGIN A STRATEGIC PLANNING PROCESS TO DETERMINE AN EQUITABLE APPROACH AND
COST-SHARING WITH THE LOCAL PURVEYORS TO DETERMINE THEIR FUTURE DEMANDS AND
PAYMENT SCHEDULE AS A MEANS OF SECURING TABLE A WATER FOR LOCAL USES; AND 3)
DIRECT STAFF TO WORK WITH REPRESENTATIVES AT THE STATE LEVEL TO GET FINANCIAL
RELIEF; AND 4) DIRECT THE CHIEF ADMINISTRATIVE OFFICER, THE DEPARTMENT OF WATER
AND RESOURCE CONSERVATION AND COUNTY COUNSEL TO FURTHER EXPLORE THE
FEASIBILITY OF ANOTHER MULTI-YEAR LEASE SIMILAR TO THE 2008-2009 DRY YEAR
PROGRAM; AND 5) DIRECT STAFF, INCLUDING CHIEF ADMINSITRATIVE OFFICER AND COUNTY
COUNSEL TO ENTER INTO DISCUSSIONS WITH PALM DALE WATER DISTRICT, IN RESPONSE TO
CERTAIN TERMS OF THE APRIL 2010 LETTER OF INTENT, TO INVESTIGATE THE POSSIBILITY OF
A SALE OR LEASE OF A PORTION OF THE TABLE A ALLOCATION. (2:05:29)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 10 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 24, 2010
Recess: 11:15 A.M.
Reconvene: 11:30 A.M.
1023-008 Public HearinE -Sewer System ManaEement Plans for CSA 21, Zone 1 Skansen Sewer and
CSA 82, StirlinE City Sewer -The Land Development Division of Public Works has been
designated as the legally responsible entity to report all sanitary sewer overflows (SSO) and
No Spill Certifications in the California Integrated Water Quality System (CIWQS) database.
The State requires enrolled wastewater operators to develop and implement Sewer System
Management Plans to reduce the incidence of Sanitary Sewer Overflows. The completed
Sanitary Sewer Management Plans for County Service Areas 21 and 82 must be approved by
their governing boards at a public hearing as required by the State Water Resources Control
Board -action requested -HOLD PUBLIC HEARING ON THE ACCEPTANCE OF THE COMPLETED
SEWER SYSTEM MANAGEMENT PLANS FOR CSA 21, ZONE 1 AND CSA 82; AND APPROVE THE
SEWER SYSTEM MANAGEMENT PLAN AND AUTHORIZE THE CHAIR TO SIGN. (Public Works)
TOM BLIXT, SENIOR ADMINISTRATIVE ANALYST PROVIDED A REPORT.
PUBLIC HEARING OPENED: 11:32 A.M.
PUBLIC HEARING CLOSED: 11:32 A.M.
MOTION: I MOVE TO APPROVE THE SEWER SYSTEM MANAGEMENT PLAN AND AUTHORIZE THE CHAIR
TO SIGN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1023-009 Resolution ApprovinE the Submittal of State HousinE and Community Development HOME
Investment Partnerships ProEram (HOME) Grant Application -The HOME program mirrors
the CDBG Program in many ways with the major difference being that the funding sources in
HOME stipulates that housing rehabilitation loans be deferred for 30 years, and households
cannot be assisted unless there is at least one building code violation. The HOME Housing
Rehabilitation Program would provide for low interest loans to income eligible home owners
of the unincorporated area of the County. The purpose of each rehabilitation project will be
to correct any code violations, and to provide the home with suitable living, sleeping, cooking
and dining accommodations, and sanitary facilities. The HOME grant application is due
September 1, 2010 -action requested -ADOPT RESOLUTION 10-121 AND AUTHORIZE THE
CHAIR TO SIGN. (Chief Administrative Office)
JENNIFER MACARTHY, MANAGER OF PROGRAM DEVELOPMENT PROVIDED A REPORT.
(2:13:31)
MOTION: I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 11 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 24, 2010
1023-010 Modifications to On-Site Wastewater Manual - On March 16, 2010, the Board of Supervisors
adopted the On-Site Wastewater Systems Ordinance (Butte County Code Chapter 19) and the
On-Site Wastewater Manual and established a Wastewater Advisory Committee that has met
monthly since June 1, 2010. The committee proposes two types of changes to the
Wastewater Manual: 1) inclusion of countywide requirements for graywater reuse; and 2)
other modifications to improve and streamline the on-site wastewater program -action
requested -ADOPT RESOLUTION 10-122 AMENDING THE ON-SITE WASTEWATER MANUAL.
(Public Health)
BRAD BANNER, DIRECTOR OF ENVIRONMENTAL HEALTH PROVIDED REPORT TO THE BOARD.
RICK WAGGLE ADDRESSED THE BOARD.
MOTION: I MOVE TO ADOPT RESOLUTION AMENDING THE ON-SITE WASTEWATER MANUAL.
2 M
VOTE: 1 N 2 N 3 Y 4 Y 5 Y (MOTION CARRIED 3-2)
1023-011 THE BOARD RECESSED AT 12:34 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.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) -TWO 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.
THE BOARD RECONVENED AT 1:35 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.
PAGE 12
August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 24, 2010
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) -TWO 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. (No Announcements)
1023-012 Update of General Plan 2030 Process by Director of Development Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT.
1023-013 Timed Item -Draft Butte General Plan 2030 -State Law requires the new Zoning Map to be
consistent with the General Plan 2030 Land Use Map. During staff's comprehensive review of
the Draft Zoning Map, staff identified mapping clean-ups, which requires changes to the
General Plan 2030 Land Use Map. On July 27, 2010, the Board of Supervisors reviewed the
initial cleanups, and provided direction to staff on five public requests. The Board directed
staff to bring other requests and cleanups for further consideration. In addition, two new
items are to be considered 1) Butte County General Plan 2030 consistency with the 2000
Airport Land Use Compatibility Plan and 2) Draft Butte County General Plan 2030 Action Plan
-action requested -APPROVE THE STAFF RECOMMENDATIONS FOR CHANGES TO THE DRAFT
GENERAL PLAN 2030 DOCUMENT, ACTION PLAN, AND LAND USE MAP AS DETAILED IN THE
AGENDA REPORT.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND DAN BREEDON, PRINCIPAL
PLANNER, PROVIDED REPORTS ON EACH OF THE SECTIONS BELOW
1023-013(A) Cleanups to Land Use Map for Rural Subdivisions in Deer Heard Overlay
JODY GALLAWAY FROM GALLAWAY CONSULTING AND HENRY LOMELI (52:10) FROM THE
DEPARTMENT OF FISH AND GAME ADDRESSED THE BOARD.
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: ROB ROMAGUERA
(54:47), JEAN KING, PAT FITZMORRIS, GRACE MARVIN, DARLENE LIGHTCAP, PAMELA POSEY
(1:23:23), RICK SWITZER, ROBIN HUFFMAN, JIM CRANE, CAROLYN BURKETT, AND TERI
FAU LKN ER.
BUTTE COUNTY FIRE CHIEF, GEORGE MORRIS ANSWERED QUESTIONS FROM THE BOARD.
(2:17:17)
MOTION: I MOVE TO APPROVE THE STAFF SUPPORTED CLEANUPS FOR RURAL SUBDIVISIONS IN THE
DEER HERD OVERLAY BY CHANGING THE GENERAL PLAN 2030 DESIGNATION TO CONFORM
TO THE DEER HERD OVERLAY; AND ALSO DIRECT STAFF TO PERFORM MORE SITE SPECIFIC
ANALYSIS USING TWO SPECIFIC FACTORS: GROUPING OF PARCEL SIZES AND PROPERTY
BOUNDARIES AND MAKE REFINEMENTS AS NEEDED USING PROFESSIONAL DETERMINATIONS.
(2:26:00)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 13 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 24, 2010
Recess: 11:15 A.M.
Reconvene: 11:30 A.M.
1023-013(B) Airport Land Use Compatibility Plan
MOTION: I MOVE TO AMEND THE GENERAL PLAN 2030 AIRPORT OVERLAY, LAND USE MAP, AND
GENERAL PLAN 2030 TO BE CONSISTENT WITH THE 2000 AIRPORT LAND USE COMPATIBILITY
PLAN. (2:34:35)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1023-013(C) DesiEnations West of Forest Ranch Area (2:36:45)
MOTION: I MOVE TO ACCEPT STAFF RECOMMENDATIONS AGAINST ANY CHANGE IN DRAFT GENERAL
PLAN 2030 LAND USE DESINATIONS FOR THIS AREA.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
BILLIE RONEY REQUESTED THAT THE BOARD CONSIDER A CHANGE IN THE GENERAL PLAN
DESIGNATION ON A PARCEL IN THE NORTHWEST CHICO AREA (APN 042-100-005) FROM
AGRICULTURE TO RURAL RESIDENTIAL. (2:42:24) THE BOARD DIRECTED THAT THIS REQUEST
BE DISCUSSED ATTHE SEPTEMBER 14, 2010 BOARD OF SUPERVISORS MEETING.
1023-013(D) DesiEnations for Retail/Office and Retail Overlay along Skyway in Ma~alia
MOTION: I MOVE TO ACCEPT STAFF RECOMMENDED CLEAN UPS TO THE RETAIL/OFFICE DESIGNATIONS
IN THIS AREA IN ORDER TO REFLECT THE CURENT LOCATION OF THE HIGHWAY COMMERCIAL
ZONE. (2:54:01)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOULLY)
1023-013(E) DesiEnation for Parcels alonE Nimshew Road in MaEalia (2:58:40)(Requests from Dale and
AliLnlo~ ~cnn
MARK DALE AND MR. NIKOLAUSON ADDRESSED THE BOARD.
MOTION: DALE REQUEST - I MOVE TO CHANGE THE DESIGNATION FOR THE ENTIRE PARCEL (064-620-
044) TO RURAL RESIDENTIAL AND TALK ABOUT THE ZONING AT A LATER DATE. (3:20:48)
2 M
VOTE: 1 Y 2 N 3 N 4 Y 5 Y (MOTION CARRIED 3-2)
PAGE 14 August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 24, 2010
MOTION: NIKOLAUSON REQUEST - I MOVE TO SUPPORT THE REQUEST FOR RECREATION COMMERICAL
(REC 2) DESIGNATION (3:24:59).
MOTION FAILED TO CARRY FOR LACK OF SECOND
MOTION: NIKOLAUSON REQUEST - I MOVE TO CHANGE THE DESIGNATION TO REC 1.(3:28:19)
2 M
VOTE: 1 Y 2 N 3 N 4 N 5 Y (MOTION FAILED TO CARRY 3-2)
THE DESIGNATION WILL REMAIN RURAL RESIDENTIAL.
1023-013(F) Implementation of Unique Agricultural Overlay in North Table Mountain Area along Coal
Canyon Road
MOTION: I MOVE TO APPROVE THE UNIQUE AGRICULTURAL OVERLAY WITH THE FOLLOWING
ADDITIONAL POLICY INCLUDED IN GENERAL PLAN 2030: 'THE UNIQUE AGRCULTURAL
OVERLAY SHALL BE IMPLEMENTED WHERE IT CAN BE DEMONSTRATED THAT AN AREA HAS
UNIQUE AGRICULTURAL, HISTORIC, AND CULTURAL SIGNIFICANCE TO BUTTE COUNTY.'
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1023-013(G) Request for an Agriculture Services GP 2030 Designation at 4933 Anita Road, Nord -
BRUCE MCCLINTOCK ADDRESSED THE BOARD. (3:39:07)
THE BOARD DID NOT APPROVE THE REQUEST OR MAKE A MOTION. THE DESIGNATION ON
THIS PROPERTY REMAINS AGRICULTURE.
1023-013(H) Additional Staff Supported Cleanups to GP 2030 Land Use Map -
MOTION: I MOVE TO APPROVE THE RECOMMENDED STAFF SUPPORTED CLEANUPS TO THE DRAFT
GENERAL PLAN 2030 (LISTED IN ITEM D, PAGES 19-21 OF THE AGENDA REPORT, INCLUDING
ADDENDUM MEMO OF AUGUST 23, 2010 [10 TOTAL ITEMS]).
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PAGE 15
August 24, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 24, 2010
1023-013(1) Draft GP 2030 Action Plan
MOTION: I MOVE TO CONTINUE THE DECISION ON THE GENERAL PLAN 2030 ACTION PLAN TO THE
SEPTEMBER 14, 2010 BOARD OF SUPERVISORS MEETING.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PUBLIC COMMENT (NONE)
Comments to the Board on issues and items not listed on the agenda. Presentations will be
limited to five minutes. Please note that pursuant to California state law, the Board of
Supervisors is prohibited from taking action on any item not listed on the agenda.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS
BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT
5:35 P.M., TO RECONVENE AT A REGULAR MEETING OF
THE BOARD TO BE HELD TUESDAY, SEPTEMBER 14, 2010.
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Scott Tandy, Interim Chief Administrative Officer
and Clerk of the Board
By:
PAGE 16
August 24, 2010