HomeMy WebLinkAboutM091107BUTTE COUNTY BOARD OF SUPERVISORS
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Starlyn Brown, Interim Chief
Administrative Officer and Clerk
of the Board
Bruce Alpert, County Counsel
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
Called to Order at 9:08 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Josiassen, Yamaguchi, Kirk and
Chair Dolan. Also present: Starlyn Brown, Interim Chief
Administrative Officer, Bruce Alpert, County Counsel and Kathleen
Moghannam, Associate Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
CORRECTIONS AND~OR CHANGES TO THE AGENDA.
071 7 - 001 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. Fiscal Year 2007/2008 Budget Adjustments for Various County
Service Areas - submitted are various County Service Area
(CSA) budget adjustments for Fiscal Year 2007/2008 - action
requested - APPROVE BUDGET TRANSFERS (4 /5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT. (Public Works)
THE AUDITOR-CONTROLLER'S OFFICE REQUESTED THIS ITEM BE REMOVED
FROM THE AGENDA. IT WILL RETURN ON A SUBSEQUENT AGENDA.
2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOV.
CODE SEC. 54956.8:
PROPERTY: APN 012-041-004
AGENCY NEGOTIATOR: BRUCE ALPERT
NEGOTIATING PARTY: LESA FRANCO
NEGOTIATIONS: PRICE AND TERMS OF PAYMENT.
COUNTY COUNSEL REMOVED THIS ITEM FROM THE AGENDA.
Observation of a Moment of Silence.
CONSENT AGENDA
0717-002 1. Surplus Equipment - approval is requested to declare surplus
an HP Color LaserJet 5m Printer (fixed asset no. 25833). The
item has been determined to be non-functional - action
requested - DECLARE FIXED ASSET ITEM SURPLUS TO THE NEEDS OF
THE COUNTY; DIRECT THE ITEM BE REMOVED FROM THE FIXED ASSET
INVENTORY LIST; AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH
COUNTY POLICY. (Behavioral Health)
PAGE 1 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER II, 2007
2. Loumark Associates - approval is requested for a lease
agreement with Loumark Associates for the property located
at 564 Rio Lindo Avenue, Suites 200, 202, 203 and 204. The
property is utilized for Adult Treatment Court Programs.
The term of the agreement is September 1, 2007 through August
31, 2012 with a maximum amount payable of $357,540
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
3. Department of Alcohol and Drug Programs (ADP) - Substance
Abuse Offender Treatment Program (OTP) - approval is
requested to accept and appropriate $29,064 in unanticipated
OTP funds. Approval is also requested for a budget transfer
of $9,232 from the Probation Department to the Department of
Behavioral Health (DBH) as Probation's anticipated OTP
expenditures are less than budgeted. ADP has approved this
transfer of funds which will be used by DBH for residential
services - action requested - APPROVE BUDGET TRANSFER B-34
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
FUNDS AS DETAILED IN THE AGENDA REPORT; AND AUTHORIZE BUDGET
TRANSFER OF $9,232 FROM PROBATION TO BEHAVIORAL HEALTH.
(Behavioral Health)
4. Resolution in Support of Expanding Economic Opportunities at
Beale Air Force Base - action requested - ADOPT RESOLUTION
07-146 AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Dolan)
5. Consolidated Area Housing Authority of Sutter County -
approval is requested for an agreement with the Consolidated
Area Housing Authority of Sutter County for administration
of the County's Housing Rehabilitation Loan Program. The
term of the agreement commences on September 1, 2007 and
continues until terminated by either party. Each individual
exhibit will have terms with specific time frames. Exhibit
1 provides the Housing Authority to administer a minimum of
$280,000 in loans and grants. The term of this exhibit is
September 1, 2007 through December 31, 2009 - action
requested - APPROVE AGREEMENT, INCLUDING EXHIBIT 1 AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative
Office)
6. Office of Homeland Security (OHS) - 2006 Buffer Zone
Protection Program - approval is requested to accept and
appropriate $950,000 in unanticipated OHS funds as detailed
in the agenda report. $80,000 will be used to purchase
thermal imagers and $841,500 will be used for the purchase
of waterway security devices - action requested - APPROVE
BUDGET TRANSFER B-36 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA
REPORT; AND APPROVE FIXED ASSET PURCHASES OF THERMAL IMAGERS
IN THE AMOUNT OF $80, 000 AND WATERWAY SECURITY DEVICES IN THE
AMOUNT OF $841,500. (Chief Administrative Office)
PAGE 2 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
7. Peerless Building Maintenance - approval is requested for an
agreement with Peerless Building Maintenance for the
provision of janitorial services. The term of the agreement
is October 1, 2007 through June 30, 2010 with a maximum
amount payable of $63,015 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Child Support Services)
8. Special Districts - Insufficient Nominee Appointments in Lieu
of Elections - submitted is a list of special districts
wherein no person filed a declaration of candidacy for any
office, and where there was no petition submitted calling for
an election. Pursuant to California Elections Code Section
10515, the Board may appoint any qualified person to office
at any time on or before November 27, 2007. Following is a
list of offices that require appointment: 1) Berry Creek
Community Services District - one Director, four year term
(candidate shall be a registered elector residing within the
district); 2) Buzztail Community Services District - one
Director, four year term (candidate shall be a registered
elector residing within the district); 3) Richardson Springs
Community Services District - one Director, four year term
(candidate shall be a registered elector residing within the
district)- action requested - ACCEPT FOR INFORMATION. (Clerk-
Recorder)
9. Special Districts - Appointments in Lieu of Elections -
California Elections Code Section 10515 allows the Board of
Supervisors to appoint various special district board members
for districts scheduled to elect members on November 6, 2007,
where the number of persons filing a declaration of candidacy
is equal to or less than the number of offices to be filled,
and there was no petition submitted calling for an election.
The Clerk-Recorder submits a Certificate of Facts-Exhibit A,
listing the following: 1) Berry Creek Community Services
District - Don Stubblefield, Director, four year term; James
R. Crawford, Director, two year term; 2) Buzztail Community
Services District - Robin Wilder, Director, four year term;
3) Richardson Springs Community Services District - Jake
Findley, Director, four year term; Evan J. Poe, Director, two
year term - action requested - APPOINT NOMINEES. (Clerk-
Recorder)
10. Sidley Austin LLP - approval is requested for an agreement
with Sidley Austin LLP for the provision of legal services
in connection with federal tax issues. The hourly rates for
the principal attorneys are $485 (Michael Kinn) and $265
(Lisa Park) - action requested - AUTHORIZE COUNTY COUNSEL TO
EXECUTE AGREEMENT WITH SIDLEY AUSTIN LLP. (County Counsel)
PAGE 3 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
11. David Kennedy - amendment - approval is requested for an
amendment to the agreement with David Kennedy for the
provision of legal services to the Children's Services
Division of the Department of Employment and Social Services.
The amendment increases the annual maximum amount payable to
$141,270 (Employment and Social Services budget). All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY THE AUDITOR-CONTROLLER. (Contract No.
X16315)(County Counsel)
12. Pacific Municipal Consultants (PMC) - amendment - approval
is requested for an amendment to the agreement with PMC for
the provision of assistance in processing planning
applications. Applicants voluntarily electing to utilize PMC
shall pay 1000 of the costs associated with this agreement.
PMC will provide the County with an estimate of costs for
specific tasks, and applicants will be required to agree and
submit funds for services prior to the consultant beginning
work. The amendment, which increases the maximum amount
payable by $292, 000, will allow for the department to process
applications in a more timely manner. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE BUDGET TRANSFER B-35 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE
AGENDA REPORT. (Contract No. X16227)(Development Services)
13. Budget Transfer - approval is requested to accept and
appropriate $218,083 in unanticipated revenue from the
Federal Deficit Reduction Act (DRA) to support five new
positions of Eligibility Specialist. These positions are
needed to implement additional requirements for citizenship
verification - action requested - APPROVE BUDGET TRANSFER B-
42 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT.
(Employment and Social Services)
14. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows:
~-~ ___ _ _ _____i-~°~-~,~ EMPLOYMENT AND SOCIAL SERVICES - adds
five positions of Eligibility Specialist. The positions will
be funded by the Federal Deficit Reduction Act. LIBRARY -
the department requests that two positions of Library
Assistant be flexibly staffed to Library Assistant or Library
Assistant, Senior - action requested - ADOPT RESOLUTION 07-
147 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
PAGE 4 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
15. Library Donations - pursuant to Government Code Section
25355, donations of $1,863.60 from Oroville Friends of the
Library, $4,307 from Chico Friends of the Library, $125 from
Meriam Library staff, $121.12 from Ruthmarie Ferris, $100
from Maxine and Hubert Davis, $316.50 from an anonymous
source, $200 from the Chico Lioness Club, $250 from Dorothy
Dingfelder, $1,151.64 from Paradise Friends of the Library,
and $100 from Maudie Penney have been received for the
purchase of books; $532.04 from Paradise Friends of the
Library has been received for operations - action requested
- ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
(Library)
16. Resolution Recognizing the Month of September 2007 as the
Fourth Annual National Preparedness Month - action
requested - ADOPT RESOLUTION 07-148 AND AUTHORIZE THE CHAIR
TO SIGN. (Public Health)
17. California Department of Health Services - Fiscal Year
2007/2008 Rural Health Services Program Funds - approval is
requested for a declaration of intent not to apply for Fiscal
Year 2007/2008 Rural Health Services Program Funds.
Legislation currently exists which permits the State to
administer the Hospital Services, Physician Services, and
Children's Treatment Program allocations for counties. The
State's administration relieves counties of several
requirements to document and report expenditures and program
activities - action requested - APPROVE THE DECLARATION OF
INTENT NOT TO APPLY FOR FISCAL YEAR 2007/2008 RURAL HEALTH
SERVICES PROGRAM FUNDS AND AUTHORIZE THE CHAIR TO SIGN.
(Public Health)
18. Adoption of an Ordinance Establishing Speed Limits on Certain
Roads Within the County of Butte - approval is requested for
an ordinance which will establish a speed limit of twenty-
five miles per hour on the following roads: 1) Circle Drive
from Oroville-Bangor Highway to End; 2) Naranja Avenue from
Mt. Ida Road to the Oroville-Bangor Highway; and 3) Oroville-
Bangor Highway from Mt. Ida Road to Miners Ranch Road -
action requested - ADOPT ORDINANCE 3970 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 8-28-07 [3.24])(Public Works)
19. Notice of Completion for 2007 Scrub Seal and Micro-Surfacing
Project - County Project No. SC-2007-1 - All contract work
which consisted of placing a Scrub Seal and/or Micro-
Surfacing and Fog Seal on various roads in Paradise Pines
area, Nimshew Road, and portions of Keefer Road has been
completed - action requested -ACCEPT CONTRACT WORK; AUTHORIZE
THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE
RECORDING OF THE NOTICE OF COMPLETION. (FROM 8-28-07
[3.23])(Public Works)
PAGE 5 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
20. JND Thomas Co., Inc. - amendment - approval for an amendment
to the agreement with JND Thomas Co., Inc. to remove sludge
and solids from the primary septage pond located at the Neal
Road Sanitary Landfill. The amendment increases the maximum
amount payable by $47,365.20 and amends the completion date
from July 31, 2007 to a completion date to be determined by
the Department of Public Works. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
APPROVE BUDGET TRANSFER B-40. (Contract No. X16506)(Public
Works)
21. Resolution of Intent to Vacate a Portion of Lincoln Boulevard
- consideration of a resolution that gives notice of a Public
Hearing to vacate a portion of the public right of way along
Lincoln Boulevard, Oroville - action requested - ADOPT
RESOLUTION 07-149 WHICH SETS PUBLIC HEARING FOR OCTOBER 9,
2007 AT 10:00 A.M. AND AUTHORIZE THE CHAIR TO SIGN. (Public
Works)
22. Butte County Association of Governments (BCAG) - approval is
requested for a Letter Agreement with BCAG for the provision
of project management services for the development of a State
Route 99 Neal Road Interchange Project Study Report or
equivalent services. The agreement will provide a means to
study the intersection and suggest possible alternatives for
the location, including eventual construction of a new
intersection or controls. The maximum amount payable under
this agreement is $266,261 (department budget) -action
requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
THE AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Public Works)
23. Contract Change Order for the Construction of Ophir Road and
Lincoln Boulevard Signalization - approval is requested for
a Contract Change Order that provides for additional
compensation to the contractor for the extra work required
for removing and replacing unsuitable material in the
northwest corner of the intersection. This change increases
the contract by $32,954.19. All other terms and provisions
remain the same - action requested - APPROVE CHANGE ORDER AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15720)(Public
Works)
PAGE 6 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER II, 2007
24. Sierra Moon Subdivision - Phase 1 - the Sierra Moon
Subdivision, APN 047-740-001 is located on the west side of
Hicks Lane, approximately one-half mile South from Hicks Lane
and Keefer Road, Chico. This is a conditionally approved
one-hundred nineteen lot, public street subdivision to be
developed in four phases. Phase 1 is comprised of fifty
lots. The developer has complied with the Conditions of
Approval and has provided performance bonds to guarantee the
completion of the required Phase 1 improvements - action
requested - APPROVE THE FINAL MAP FOR THE SIERRA MOON
SUBDIVISION, PHASE 1; ACCEPT ON BEHALF OF BUTTE COUNTY THE
FOLLOWING: 1) SPYGLASS ROAD, CARIBBEAN WAY, BARBADOS COURT,
ARUBA COURT, LAYMEN COURT, CURACAO COURT, HICKS LANE AS
OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT, 2) LOT G IN
FEE SIMPLE FOR STORM DRAINAGE FACILITIES, COUNTY SERVICE AREA
169 AND FOR OPEN SPACE PURPOSES, 3) THE RELINQUISHMENT OF
ABUTTER'S RIGHTS OF ACCESS ALONG HICKS LANE AS OFFERED FOR
DEDICATION IN THE OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE
PUBLIC THOSE TEN-FOOT WIDE PUBLIC SERVICE EASEMENTS AND A
TWELVE-FOOT WIDE DRAINAGE EASEMENT AS OFFERED FOR DEDICATION
IN THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN THE
SUBDIVISION AGREEMENT. (Public Works)
25. Butte Regional Household Hazardous Waste Facility - A/C
Industrial Services Corporation, the current contracted
service provider for the management and operation of this
facility, is requesting approval to assign its rights,
duties, and obligations under the current agreement to NRC
Environmental Services Corporation. The day-to-day
operations of the facility will not be affected - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Public Works)
26. Budget Transfer and Fixed Asset Purchase - approval is
requested for the purchase of new video monitoring system to
play educational videos and air certain cable television
programs. The Sheriff's office currently utilizes the Etech
Control Systems for maintenance of the current systems in
the jail and for all door locks and system controls . The new
system would require Etech to pull cable and install playback
units in Jail D and the women's section. The cost is $13, 940
- action requested - APPROVE BUDGET TRANSFER B-39 (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF NEW
VIDEO MONITORING SYSTEM. (Contract No. X16806) (Sheriff-
Coroner)
27. Budget Transfer - approval is requested for a budget transfer
of $2,000 in order to retain a media company which will
update the meth prevention website - action requested -
APPROVE BUDGET TRANSFER B-41 (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
(Sheriff-Coroner)
PAGE 7 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
28. Butte Water District - the Secretary of the Butte Water
District submits a certification that the number of persons
who have filed a Declaration of Candidacy for the position
of Director does not exceed the number of offices to be
filled and that no petition requesting a General District
Election has been presented to the District. Pursuant to
Elections Code Section 10515, the District is requesting the
Board appoint the persons who have filed Declarations of
Candidacy - action requested - APPOINT STEPHEN PANTALEONI AND
RONALD GIOVANETTI TO TERMS TO END DECEMBER 2, 2011. (Other
Departments and Agencies)
29. Richvale Irrigation District - the Secretary of the Richvale
Irrigation District submits a certification that the number
of persons who have filed a Declaration of Candidacy for the
position of Director does not exceed the number of offices
to be filled and that no petition requesting a General
District Election has been presented to the District.
Pursuant to Elections Code Section 10515, the District is
requesting the Board appoint the person who has filed a
Declaration of Candidacy - action requested - APPOINT LYLE
D. JOB TO A TERM TO END DECEMBER 2, 2011. (Other Departments
and Agencies)
30. Western Canal Water District - the General Manager of the
Western Canal Water District submits a certification that the
number of persons who have filed a Declaration of Candidacy
for the position of Director does not exceed the number of
offices to be filled and that no petition requesting a
General District Election has been presented to the District.
Pursuant to Elections Code Section 10515, the District is
requesting the Board appoint the persons who have filed
Declarations of Candidacy - action requested - APPOINT ERIC
F. LARRABEE, KEN ANDERSON AND BRYCE LUNDBERG TO TERMS TO END
DECEMBER 2, 2011. (Other Departments and Agencies)
31. Lake Madrone Water District - the Lake Madrone Water District
has certified that the number of Declarations of Candidacy
for the 2007 Special District Election cycle did not exceed
the number of director vacancies. Pursuant to Elections Code
Section 10515, the District is requesting the Board appoint
and declare elected the candidates who filed - action
requested - APPOINT JAMES R. SMITH, DENNIS E. NAY, AND SCOTT
B. OWENS TO TERMS TO END DECEMBER 2, 2011. (Other Departments
and Agencies)
32. Harvey M. Rose Associates, LLC - amendment - approval is
requested for an amendment to the agreement with Harvey M.
Rose Associates, LLC for the provision of legal services in
connection with the analysis of the California Department of
Water Resources' filings to the Federal Energy Regulatory
Commission - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (County Counsel)
PAGE 8 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
MOTION: I MOVE TO ADOPT THE CONSENT AGENDA WITH THE CHANGES MADE TO ITEM
3.14 AND WITH THE REMOVAL OF ITEM 3.21.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PRESENTATION OF RESOLUTION RECOGNIZING SEPTEMBER AS THE FOURTH
ANNUAL NATIONAL PREPAREDNESS MONTH TO DIRECTOR OF PUBLIC HEALTH,
PHYLLIS MURDOCK.
THE BOARD LEFT THE BOARD ROOM FOR APPROXIMATELY 10 MINUTES TO TOUR
THE PUBLIC HEALTH DEPARTMENT'S MEDICAL MOBILE UNIT WHICH WAS IN
THE FRONT PARKING LOT OF THE BUILDING.
0 7 1 7- 0 0 3 REGULAR AGENDA
Boards, Commissions and Committees.
1. Appointments to Listed Vacancies. (None)
2. Board Member or Committee Reports. (None)
0717-004 Update on Current Budget and Legislative Issues by the Interim
Chief Administrative Officer.
STARLYN BROWN, INTERIM CHIEF ADMINISTRATIVE OFFICER PRESENTED
INFORMATION REGARDING THE STATE LEGISLATURE. SHE DISCUSSED
ASSEMBLY BILL (AB) 213 (FUENTES) WHICH PERTAINS TO WORKMEN'S
COMPENSATION ISSUES RELATED SPECIFICALLY TO FIRE AND PEACE
OFFICERS. THE BILL WOULD ALLOW AN INDIVIDUAL TO FILE FOR WORKERS
COMPENSATION ANYWHERE IN THE STATE REGARDLESS OF WHERE THE INJURY
OCCURRED AND WOULD PRECLUDE THE COUNTIES TO OBJECT TO THE CHANGE
OF VENUE. SHE INDICATED THAT THERE WOULD BE FISCAL IMPACTS,
INCLUDING EXTENSIVE TRAVEL EXPENSES IF THIS BILL WAS PASSED. SHE
REQUESTED THE BOARD APPROVE A LETTER OF OPPOSITION TO THE BILL AS
IT IS NOW PRESENTED. THE BILL IS CURRENTLY IN THE STATE SENATE,
HAVING PASSED THE STATE ASSEMBLY. (429)
MOTION: I MOVE TO APPROVE A LETTER OF OPPOSITION TO AB 213.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
MS. BROWN ALSO REPORTED THAT CATHI GRAMS, DIRECTOR OF EMPLOYMENT
AND SOCIAL SERVICES HAS BEEN APPOINTED TO A CALIFORNIA STATE
ASSOCIATION OF COUNTIES' COST OF DOING BUSINESS STATEWIDE TASK
FORCE. THE STATE CURRENTLY OWES MORE THAN $800 MILLION TO
CALIFORNIA COUNTIES BECAUSE THE STATE HAS NOT FOLLOWED THROUGH ON
THE COMMITMENT TO FUND SOCIAL SERVICE PROGRAMS. (512)
PAGE 9 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
CHIEF PROBATION OFFICER, JOHN WARDELL, MADE A PRESENTATION
REGARDING THE BOYS AND GIRLS CLUB WHICH HAS BEEN ESTABLISHED
WITHIN THE BUTTE COUNTY JUVENILE HALL. BUTTE COUNTY IS THE SECOND
COUNTY IN THE STATE WITH A BOYS AND GIRLS CLUB IN THE JUVENILE
HALL. HE ALSO EXTENDED AN INVITATION TO THE BOARD TO ATTEND A
MEDIA EVENT RELATED TO THE BOYS AND GIRLS CLUB THAT WILL TAKE
PLACE AT AN UNSPECIFIED DATE IN OCTOBER. MR. WARDELL INTRODUCED
MAUREEN PIERCE, EXECUTIVE DIRECTOR OF THE BOYS AND GIRLS CLUB OF
BUTTE COUNTY, WHO BRIEFLY DISCUSSED THE TARGETED RE-ENTRY PROGRAM
AT JUVENILE HALL, AND SHE RECOGNIZED JOE HALE, A PROGRAM DIRECTOR
WHO HAS BEEN INSTRUMENTAL IN GETTING THE PROGRAM STARTED IN THE
BUTTE COUNTY JUVENILE HALL.
0717-005 Update of General Plan 2030 Process by Director-Development
Services. (1059)
PRESENTATION BY PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT
SERVICES REGARDING THE PROGRESS OF THE GENERAL PLAN 2030. THIS
WAS THE EIGHTEENTH REPORT. HE REPORTED ON THE CITIZEN'S ADVISORY
COMMITTEE MEETING THAT TOOK PLACE ON SEPTEMBER 10, 2007 AND
ANNOUNCED THE ECONOMIC SUMMIT THAT WILL TAKE PLACE ON OCTOBER 15,
2007.
0717-006 Leadership Development Program - presentation by Sheriff Perry
Reniff regarding the Leadership Development Program which was
created for the training and development of supervisors within the
department. Thirteen front-line supervisors completed the program
on August 17, 2007 - action requested - ACCEPT FOR INFORMATION.
(Sheriff-Coroner)
PRESENTATION BY SHERIFF PERRY RENIFF AND ANDREW DUCH, OPERATION
DIVISION LIEUTENANT. THE BOARD PROVIDED CERTIFICATES OF
APPRECIATION SIGNED BY THE CHAIR TO EACH DEPARTMENT SUPERVISOR WHO
COMPLETED THE PROGRAM.
0717-007 Skyway Lookout Point - Parking and Pedestrian Viewing Project -
County Project RPST PLE 5912 (070) - approval is requested for the
acquisition of property for the Skyway Lookout Point Parking and
Pedestrian Viewing Project. Negotiations have been completed with
two separate property owners for APNs 017-190-040 and 017-190-069
- action requested - APPROVE AGREEMENT WITH PAMELA BOEGER, TRUSTEE
OF THE JOHN F. GUERRERO LIVING TRUST IN THE AMOUNT OF $15,000 AND
AUTHORIZE THE CHAIR TO SIGN; APPROVE AGREEMENT WITH ARCHIE C. AND
LINDA M. SCHUMANN IN THE AMOUNT OF $20,860 AND AUTHORIZE THE CHAIR
TO SIGN; APPROVE AGREEMENTS (2) WITH EACH PROPERTY OWNER REGARDING
THE CLEAN-UP OF PROPERTY LOCATED BELOW LOOKOUT POINT AND AUTHORIZE
THE CHAIR TO SIGN; AND DIRECT DEPARTMENT OF PUBLIC WORKS TO
TEMPORARILY CLOSE LOOKOUT POINT UNTIL PROJECT IS COMPLETE.
(Public Works)(1644)
PAGE 10 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
SUPERVISOR YAMAGUCHI THANKED THE PROPERTY OWNERS AND STAFF FOR
THEIR EFFORTS TO FINALIZE THIS MATTER.
MOTION: I MOVE TO APPROVE AGREEMENT WITH PAMELA BOEGER, TRUSTEE OF THE
JOHN F. GUERRERO LIVING TRUST IN THE AMOUNT OF $15,000 AND
AUTHORIZE THE CHAIR TO SIGN; APPROVE AGREEMENT WITH ARCHIE C. AND
LINDA M. SCHUMANN IN THE AMOUNT OF $20,860 AND AUTHORIZE THE CHAIR
TO SIGN; APPROVE AGREEMENTS (2) WITH EACH PROPERTY OWNER REGARDING
THE CLEAN-UP OF PROPERTY LOCATED BELOW LOOKOUT POINT AND AUTHORIZE
THE CHAIR TO SIGN; AND DIRECT DEPARTMENT OF PUBLIC WORKS TO
TEMPORARILY CLOSE LOOKOUT POINT UNTIL PROJECT IS COMPLETE.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
0717-008 Letter of Support for Senate Constitutional Amendment (SCA) 12 -
SCA 12 (Torlakson) is a proposed amendment to the State
Constitution regarding the classification of storm water and urban
runoff management fees or charges. The proposed amendment would
make the classification of storm water and urban runoff management
fees or charges consistent with Proposition 218 classification of
similar fees or charges related to sewer, water, and refuse
collection services which are specifically exempt from voter
approval requirements. If passed by the legislature, SCA 12 would
need statewide voter approval to become state law - action
requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO
SIGN. (1857)
MOTION: I MOVE TO APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO
SIGN.
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)
Recess at 10:12 a.m. as the Butte County Board of Supervisors and
Convene as the Thompson Flat Cemetery District Board of Directors.
PAGE 11 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER II, 2007
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF DIRECTORS
MINUTES
SEPTEMBER 11 ~ Z O O 7
Called to Order at 10:12 a.m. in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Members
present: Connelly, Josiassen, Yamaguchi, Kirk and Chair Dolan.
Also present: Associate Clerk, Kathleen Moghannam.
Aaenda Items
0702-001 Adoption of Fiscal Year 2007/2008 Budget - consideration of an
expenditure budget of $7,050 for Fiscal Year 2007/2008 - action
requested - ADOPT BUDGET AND AUTHORIZE THE CHAIR TO SIGN STATEMENT
OF PROVISION FOR RESERVE.
MOTION: I MOVE TO ADOPT BUDGET AND AUTHORIZE THE CHAIR TO SIGN STATEMENT
OF PROVISION FOR RESERVE.
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 is
prohibited from taking action on any item not listed on the
agenda.
Adjournment
Adjourned at 10:14 a.m. as the Thompson Flat Cemetery District
Board of Directors and Reconvened as the Butte County Board of
Supervisors.
PAGE 12
SEPTEMBER II, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER II, 2007
RECESS: 10:14 A.M.
RECONVENE: 10:26 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
0717-009 Public Hearing - Consideration of Tentative Immediate Cancellation
of Williamson Act Contract - George Nicolaus requests the
Tentative Immediate Cancellation of Williamson Act Contract (1999
Evelyn C. Liptrap) on APN 047-260-199. The property, on 52.72
acres, is located at the terminus of Kittyhawk Drive,
approximately 2,100 feet west of Garner Lane and east of and
adjacent to State Route 99 in North Chico - action requested -
THE BUTTE COUNTY LAND CONSERVATION ACT ADVISORY COMMITTEE
RECOMMENDS APPROVAL OF THE TENTATIVE IMMEDIATE CANCELLATION AND
ADOPTION OF THE MITIGATED NEGATIVE DECLARATION - RESOLUTION 07-
150. (Development Services) (2106) (2469) (2590)
PRESENTATION BY STEVE TROESTER, ASSOCIATE PLANNER.
PUBLIC HEARING OPENED: 10:44 A.M.
PUBLIC HEARING CLOSED: 10:49 A.M.
RICHARD PRICE, DIRECTOR OF DEPARTMENT OF AGRICULTURE AND CHAIR OF
THE LCA COMMITTEE ADDRESSED THE BOARD. (3056)
MOTION: I MOVE TO APPROVE OF THE TENTATIVE IMMEDIATE CANCELLATION AND
ADOPTION OF THE MITIGATED NEGATIVE DECLARATION.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
0717-010 Public Hearing - Appeal of Grading Permit for Signalized
Intersection West, LLC. (GRD 06-01)- consideration of an appeal of
a Planning Commission denial of a Grading Permit on 1.75 acres of
an 80-acre property (two 40-acre parcels) for the purpose of
developing two single-family dwellings, private roads, and
driveway. The property is located in the Butte Creek Canyon in
the Northwest side of Centerville Road, two miles Northeast of
Honey Run Road - action requested -
1) DENY THE APPEAL AND ORDER THE APPLICANT TO REMEDIATE THE
ILLEGAL GRADING TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC
WORKS. THIS ACTION IS RECOMMENDED BY STAFF AND WOULD REQUIRE THE
APPLICANT TO FILL THE DRIVEWAY THAT HAS BEEN CUT.
-OR-
2) DIRECT THE APPLICANT TO PROVIDE REQUIRED BIOLOGICAL AND
ARCHEOLOGICAL STUDIES AS RECOMMENDED BY STAFF AND CONTINUE THE
APPEAL UNTIL SUCH TIME AS THE RESULTS OF THE STUDIES ARE
INCORPORATED AND RE-CIRCULATED WITH THE DRAFT INITIAL STUDY AND
MITIGATED NEGATIVE DECLARATION.
-OR-
PAGE 13
SEPTEMBER II, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER II, 2007
3) GRANT THE APPEAL. THIS ACTION REQUIRES THE BOARD TO ADDRESS
THE ISSUES RAISED BEFORE THE PLANNING COMMISSION PRIOR TO ADOPTING
THE MITIGATED NEGATIVE DECLARATION. IF APPEAL IS GRANTED, STAFF
RECOMMENDS A MOTION OF INTENT DIRECTING STAFF TO RETURN WITH A
RESOLUTION ADOPTING THE MITIGATED NEGATIVE DECLARATION.
(Development Services)
PRESENTATION BY PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT
SERVICES AND MIKE GRUMP, DIRECTOR OF PUBLIC WORKS. (3318)(*1)
PUBLIC HEARING OPENED: 11:06 A.M.
PUBLIC HEARING CLOSED: 12:45 P.M.
JIM MANN, REPRESENTING THE LANDOWNERS, ADDRESSED THE BOARD.
WES GILBERT, THE ENGINEER ON THE PROJECT WITH LOOMIS AND
ASSOCIATES, ADDRESSED THE BOARD. (*1128)
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: JOHN
CAMPBELL, TONY CIMINO, (*1177), KATE HICKS, BRUCE HICKS, AND KAY
SEMAY.
BRIAN MAYERLEY, THE BIOLOGIST ON THE PROJECT WITH FOOTHILL
ASSOCIATES ADDRESSED THE BOARD.
SUPERVISOR KIRK REPORTED EX PARTE COMMUNICATION WITH MR. ALLEN,
JIM MANN, PAT ~@ BERNEDO, AND CAROLINE BURKETT. (*1877)
SUPERVISOR YAMAGUCHI REPORTED EX PARTE COMMUNICATION WITH ~~BOTH
SIDES" AND INDICATED THAT HE VISITED THE SITE. HE WALKED THE
PROPERTY BY HIMSELF AND ALSO MET AND WALKED WITH NEIGHBORS.
SUPERVISOR JOSIASSEN AND SUPERVISOR CONNELLY BOTH REPORTED EX
PARTE COMMUNICATION WITH JIM MANN AND MR. ALLEN. (*1900)
BENJAMIN ALLEN, THE APPLICANT AND OWNER OF THE PROPERTY, ADDRESSED
THE BOARD AND PROVIDED A POWER POINT PRESENTATION WITH PHOTOGRAPHS
OF THE PROPERTY. (*2149)(*2481)
LUKE SMITH, THE STORM WATER MONITOR ADDRESSED THE BOARD.(*2585)
THE FOLLOWING MEMBERS OF'
(*2833); BONNIE BURNHAM;
POINT PRESENTATION WITH
BURKETT (*3293); GRAHAM
PROVIDED A POWER POINT
PROPERTY. (*3560)
,HE PUBLIC ADDRESSED THE BOARD: CAL LING
LINDA CIMINO (*3045) PROVIDED A POWER
PHOTOGRAPHS OF THE PROPERTY; CAROLINE
HUTTON (*3418); PAT ~@ BERNEDO
PRESENTATION WITH PHOTOGRAPHS OF THE
RECESS: 12:26 P.M.
RECONVENE: 12:35 P.M.
PAGE 14
SEPTEMBER II, 2007
BUTTE COUNTY BOARD OE SUPERVISORS MINUTES -SEPTEMBER II, 2007
GEORGE MEDINA (**158)ADDRESSED THE BOARD.
MOTION: I MOVE TO DENY THE APPEAL AND ORDER THE APPLICANT TO REMEDIATE THE
ILLEGAL GRADING WITH SPECIFIC PLANS TO THE SATISFACTION OF THE
DIRECTOR OF PUBLIC WORKS. THIS ACTION IS RECOMMENDED BY STAFF AND
WOULD REQUIRE THE APPLICANT TO FILL THE DRIVEWAY THAT HAS BEEN
CUT.
2 M
VOTE: 1 Y 2 Y 3 Y 4 N 5 Y (MOTION CARRIED 4-1)(**945)
0 7 1 7- 011 PUBL I C COMMENT
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.
TOM YORK, WHO OWNS RENTAL PROPERTY FOREST RANCH, ADDRESSED THE
BOARD REGARDING MEDICAL MARIJUANA LAWS AND THE IMPACTS OF THE LAW
ON PROPERTY OWNERS. (**1081)(**1332)
KRISTINE ARMSTRONG ADDRESSED THE BOARD REGARDING A PUBLIC RECORDS
ACT REQUEST SHE MADE ON FRIDAY, SEPTEMBER 7, 2007 AND REQUESTED
INFORMATION REGARDING THE HIRING OF ADMINISTRATIVE ASSISTANTS FOR
BOARD MEMBERS. (**2010)
Adjourned at 1:27 p.m. as the Butte County Board of Supervisors
and Convened as the In-Home Supportive Services Public Authority
Board.
PAGE 15 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER II, 2007
BUTTE COUNTY
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
SEPTEMBER 11 ~ Z O O 7
Called to Order at 1:28 p.m. in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Members
present: Connelly, Josiassen, Yamaguchi, Kirk and Chair Dolan.
Also present: Associate Clerk, Kathleen Moghannam.
THE BOARD RECESSED AT 1:29 P.M. TO CLOSED SESSION REGARDING:
0707-001 CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATOR: CRAIG DORY
EMPLOYEE ORGANIZATION: COHW, AFSCME/SEIU
THIS CLOSED SESSION ITEM WAS HEARD CONTEMPORANEOUSLY WITH THE BUTTE
COUNTY BOARD OF SUPERVISORS CLOSED SESSION ITEMS.
THE BOARD RECONVENED AT 4:52 P.M. FROM CLOSED SESSION REGARDING:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATOR: CRAIG DORY
EMPLOYEE ORGANIZATION: COHW, AFSCME/SEIU (No Announcements)
0717-012 CLOSED SESSION (***386)
THE BOARD RECESSED AT 1:29 P.M. TO CLOSED SESSION REGARDING:
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a):
1. PEOPLE OF THE STATE OF CALIFORNIA AND THE COUNTY OF BUTTE V.
GEORGE W. SCOTT, SR.; CHICO SCRAP METAL, INC.; ET AL. BUTTE
SUPERIOR COURT CASE N0. 140892;
2. LAKE OROVILLE INTERVENTION (FERC 2100).
PAGE 16
SEPTEMBER II, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER II, 2007
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a):
LIGHTNER V. COUNTY OF BUTTE; BUTTE SUPERIOR COURT CASE N0. 136070.
THESE CLOSED SESSION ITEMS WERE HEARD CONTEMPORANEOUSLY WITH THE
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD
CLOSED SESSION ITEMS.
THE BOARD RECONVENED AT 4:52 P.M. FROM CLOSED SESSION REGARDING:
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a):
1. PEOPLE OF THE STATE OF CALIFORNIA AND THE COUNTY OF BUTTE V.
GEORGE W. SCOTT, SR.; CHICO SCRAP METAL, INC.; ET AL. BUTTE
SUPERIOR COURT CASE N0. 140892;
2. LAKE OROVILLE INTERVENTION (FERC 2100).
ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a):
LIGHTNER V. COUNTY OF BUTTE; BUTTE SUPERIOR COURT CASE N0. 136070.
(No Announcements)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS
BEFORE THE BOARD, THE MEETING WAS
ADJOURNED AT 4:52 P.M., TO
RECONVENE AT A REGULAR MEETING OF
THE BOARD TO BE HELD TUESDAY,
SEPTEMBER 25, 2007, AT 9:00 A.M.
JANE DOLAN, CHAIR
ATTEST:
C. Brian Haddix, Chief Administrative
Officer and Clerk of the Board
By:
PAGE 17 SEPTEMBER II, 2007
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER II, 2007
PAGE 18 SEPTEMBER II, 2007