HomeMy WebLinkAboutM091206BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
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 and Chair
Josiassen. Supervisors not present: Houx. Also present: Starlyn
Brown, Assistant Chief Administrative Officer; Bruce Alpert,
County Counsel; and Marion Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence. CHAIR JOSIASSEN READ A
PRESIDENTIAL PROCLAMATION FOR NATIONAL DAYS OF PRAYER AND
REMEMBRANCE 2006, AND ASKED ALL TO JOIN HIM IN A MOMENT OF SILENCE
IN MEMORY OF THE AMERICANS LOST IN THE TRAGIC TERRORISTS ATTACKS
OF SEPTEMBER 11, 2001. (60)
CORRECTIONS AND~OR CHANGES TO THE AGENDA. (195)
CONSENT AGENDA
0618-001 1. Fiscal Year 2005-2006 Budget Transfer - approval is requested
for a year-end budget transfer to move appropriations between
sub-departments and establish appropriations in the debt
service fund and interest expense accounts as part of the
closing of the books for fiscal year 2005-2006 - action
requested - APPROVE BUDGET TRANSFER B-590 (4/5 vote required)
ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT.
2. Tulare County Office of Education - approval is requested for
a revenue agreement with the Tulare County Office of
Education/California Friday Night Live Partnership for funds
to support the Summer 2006 Youth Leadership Training. The
term of the agreement is July 1, 2006, through
September 30, 2006, with a maximum amount payable to the
County of $12,000 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-050 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
3. Best, Best & Krieger - Amendment - approval is requested for
an amendment to the agreement with Best, Best & Krieger for
the provision of specialized legal services relating to an
administrative appeal. The amendment increases the maximum
amount payable by $18,519.21 (department budget). All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X15943)
PAGE 1 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
0618-001 4. T.W. DuFour and Associates - Amendment - approval is
requested for an amendment to the lease agreement with T.w.
DuFour and Associates for the property located at 109 Parmac
Road, Suite 2, Chico. The amendment extends the term of the
agreement through April 30, 2012, increases the maximum
amount payable by $543,510 (department budget) for the multi-
year term, and adds a scope of work detailing improvements
and maintenance to be performed. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11013)
5. Youth For Change - approval is requested for a sole source
agreement with Youth For Change for the provision of
rehabilitation services, speciality mental health services,
crises intervention services and medication support services
for youth clients. The term of the agreement is
July 1, 2006, through June 30, 2007, with a maximum amount
payable $837,644.88 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
6. Butte County Office of Education - approval is requested for
a Memorandum of Understanding with the Butte County Office
of Education for funds to provide school-based mental health
services at designated school sites. The term of the
agreement is July 1, 2006, through June 30, 2007, with a
maximum amount payable to the County of $27,900 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
7. Valley Oak Children's Services - approval is requested for
a sole source agreement with Valley Oak Children's Services
for the provision of specialty mental health services to
children receiving Medi-Cal benefits. The term of the
agreement is July 1, 2006, through June 30, 2007, with a
maximum amount payable of $31,850 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
8. Victor Community Support Services, Inc. - approval is
requested for a sole source agreement with Victor Community
Support Services, Inc., for the provision of school-based
mental health services to children receiving Medi-Cal
benefits. The term of the agreement is July 1, 2006, through
June 30, 2007, with a maximum amount payable of $1,716,896.23
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 2 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
0618-001 9. Janese Charpentier, FNP-C, PA-C - approval is requested for
a sole source agreement with Janese Charpentier, FNP-C, PA-C,
for the provision of specialized medical services as a family
nurse practitioner. The term of the agreement is
September 4, 2006, through June 30, 2007, with a maximum
amount payable of $38,700 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
10. Feather River Tribal Health, Inc. - approval is requested for
an agreement with Feather River Tribal Health, Inc., to act
as Co-Director for the Connecting Circles of Care grant. The
term of the agreement is July 1, 2006, through June 30, 2007,
with a maximum amount payable of $168,830.54 (department
budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
11. State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested for an amendment
to the revenue agreement with the State of California,
Department of Alcohol and Drug Programs, Combined Negotiated
Net Amount (NNA) and Drug/Medi-Cal programs for fiscal years
2004-2008. The amendment reduces the fiscal year 2005-2006
allocation by $70,356, and revises the agreement's fiscal
allocation detail to reflect the change. All other terms and
provisions remain the same - action requested - ADOPT
RESOLUTION 06-130 APPROVING THE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40688)
12. Tehama County Health Services Agency - approval is requested
for a revenue agreement with the Tehama County Health
Services Agency for the County's provision of outpatient
mental health services for referred Tehama County residents.
The term of the agreement is July 1, 2006, through
June 30, 2008, with a maximum amount payable to the County
of $30,000 ($15,000 per fiscal year) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
13. Budget Transfer - approval is requested to transfer $4,123.63
between department budget line items to provide additional
appropriations needed for the remodel project of the office
space located at 592 Rio Lindo Avenue, Chico. The project
includes the construction of a new office, patio entrance
area, cabinets, counter tops, doors, locks and painting. The
additional funding will cover the cost of Change Order
No. 6 - action requested - APPROVE BUDGET TRANSFER B-049
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND
APPROVE AN INCREASE TO THE SERVICES CONTRACT WITH HIGNELL,
INC.
PAGE 3 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
0618-001 14. The Ferguson Group, L.L.C. - Amendment - approval is
requested for an amendment to the agreement with The Ferguson
Group, L.L.C., for the provision of legislative advocacy
services for the County. The amendment extends the term of
the agreement through September 30, 2007, continues the
maximum amount payable of $120,000 (department budget) for
the extended term, and provides for reimbursement of expenses
in an amount not to exceed $8,000 (department budget). All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X15254)
15. Community Development Block Grant Funds - approval is
requested to accept and appropriate $797,500 of a $1,294,800
Community Development Block Grant award as follows: Butte
County Housing Rehabilitation ($541,300), Chico Veterans Hall
Americans with Disabilities Act (ADA) Improvements
($223,780), Southside Oroville Sidewalk Installation
($16,200), and Butte County Library-Books by Mail Program
($16,220) The remaining funds will be allocated in the next
fiscal year - action requested - APPROVE BUDGET TRANSFER
B-051 (4 /5 vote required) ACCEPTING AND APPROPRIATING GRANT
FUNDS AS DETAILED IN THE AGENDA REPORT.
16. Bartig, Basler & Ray, CPAs, Inc. - Amendment - approval is
requested for an amendment to the agreement with Bartig,
Basler & Ray, CPAs, Inc., for the provision of annual
auditing services. The amendment revises the scope of work
to include additional auditing services, and increases the
maximum amount payable by $86,500 for the addition services.
Board approval is also requested for a transfer from the
General Fund Appropriation for Contingencies to provide
funding for the amendment - action requested - APPROVE BUDGET
TRANSFER B-052 (4 /5 vote required) ACCEPTING AND
APPROPRIATING $86,500 FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES AS DETAILED IN THE AGENDA REPORT; AND APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X15996)
17. S.O.E. Software Corporation - approval is requested for an
agreement with S.O.E. Software Corporation for the purchase,
implementation, license, support and maintenance of Clarity
Training software. The software will provide an online
training platform for poll workers and election day workers,
and will allow the department to manage tasks associated with
elections. The term of the agreement is September 13, 2006,
through September 13, 2009, with a maximum amount payable of
$56,782. Board approval is also requested for a transfer of
$43,844 from the General Fund Appropriation for Contingencies
to provide additional needed funding for the agreement -
action requested - APPROVE BUDGET TRANSFER B-054 (4/5 vote
required) ACCEPTING AND APPROPRIATING $43,844 FROM THE
GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN
THE AGENDA REPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X16242)
PAGE 4 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
0618-001 18. 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 21, 2006. Following is a
list of offices that require appointment: Durham Irrigation
District-Division 1 - 1 Director, 4 year term (candidate
shall be a voter and a landowner in the district and a
resident of the division that they represent); Richvale
Recreation and Park District - 2 Directors, 4 year terms
(candidate shall be a voter of the district) - action
requested - ACCEPT FOR INFORMATION.
19. 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 7, 2006,
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 appointments to be made pursuant to the
Elections Code: Jeff Cooper and Bruce Lewis, El Medio Fire
Protection District; Dee Hunter, South Feather water and
Power Agency-Division l; w.L. "Bill" Kellogg, Paradise
Irrigation District-Division 2; Larry Duncan, Paradise
Irrigation District-Division 3; John Heinke, Paradise
Irrigation District-Division 4; Edgar "Ed" Thompson,
Thermalito Irrigation District-Division 3; Ernie Reynolds,
Thermalito Irrigation District-Division 5; Jack J. Ball, J.J.
"Jack" Kiely, and Robert "Bob" Simpson, Lake Oroville Area
Public Utility District; Loren Gill and Vene Thompson,
Feather River Recreation and Park District; and Cristie Akin,
Richvale Recreation and Park District. All appointments are
for 4 year terms - action requested - APPOINT NOMINEES.
20. Brown's River Records Preservation Services - approval is
requested for an agreement with Brown's River Records
Preservation Services for the provision of historical records
restoration and preservation services. The term of the
agreement is July 1, 2006, through June 30, 2008, with a
maximum amount payable of $100,000 ($50,000 per fiscal year
[department budget]) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X16408)
21. Donation of Equipment - pursuant to Government Code Section
25355, a donation of a Gestetner desktop copier has been
received from the Gridley Lions Club. The copier will be
utilized in the department's warehouse/training facility -
action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
PAGE 5 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
0618-001 22. Shaw Valenta LLP - approval is requested for an agreement
with Shaw Valenta LLP, for the provision of specialized legal
services. The term of the agreement is September 12, 2006,
through September 11, 2007, with a maximum compensation rate
of $300.00 per hour (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY THE AUDITOR-CONTROLLER.
23. Pacific Municipal Consultants - approval is requested for a
sole source agreement with Pacific Municipal Consultants
(PMC) for the provision of services to assist in the
processing of planning applications. Applicants voluntarily
electing to utilize PMC services would pay 1000 of the costs
associated with that processing. The term of the agreement
is from the date of execution through June 30, 2007, with a
maximum amount payable of up to $200,000 (applicant
reimbursement) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
24. Amendment to Land Conservation Act Agreement - Nathan H.
Thomasson - approval is requested for an amendment to a Land
Conservation Act agreement for property located between
Keefer Road and Cohasset Road, in the vicinity of Mud Creek,
and north of Mud Creek, in the Chico area, (APN 047-280-056,
057 and 058). The agreement was dated December 12, 1975, and
recorded on February 26, 1976, Book 2050, Pages 659 through
665. On November 15, 2005, the Development Services
Department approved a lot line adjustment for the property
that requires revised parcel legal descriptions - action
requested - APPROVE AMENDMENT TO LAND CONSERVATION ACT
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
25. Don Wallrich and Gary Katz - General Plan Amendment-Rezone -
Report to the Board - pursuant to Butte County Code Section
24-25.30, submitted is the Butte County Planning Commission
Report regarding a proposed general plan amendment and rezone
of a 17.3 acre parcel located on the west side of Clark Road
and extending south from the southwest corner of Clark Road
and Durham-Pentz Road, and identified as APN 941-120-088 and
041-030-040 - action requested - ACCEPT REPORT; AND SET A
PUBLIC HEARING FOR CONSIDERATION OF THIS MATTER FOR TUESDAY,
OCTOBER 24, 2006, AT 10:30 A.M.
26. Fiscal Year 2006 State Homeland Security Grant
Program - approval is requested to accept and appropriate
$449,326 of a $463,222 grant award under the Fiscal Year 2006
State Homeland Security Grant Program. The remaining $13,896
will be appropriated during fiscal year 2007-2008. Board
approval is also requested for the fixed asset purchase of
equipment and training pursuant to the terms of the grant -
action requested - APPROVE BUDGET TRANSFER B-055 (4/5 vote
required) ACCEPTING AND APPROPRIATING GRANT FUNDS AS DETAILED
IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF
EQUIPMENT AND OTHER AUTHORIZED TRAINING.
PAGE 6 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
0618-001 27. Surplus Equipment - approval is requested to declare surplus
a 1962 International Fire Engine (fixed asset no. 20791).
The vehicle no longer meets the needs of the department -
action requested - DECLARE VEHICLE SURPLUS TO THE NEEDS OF
THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY
POLICY.
28. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: HUMAN RESOURCES - deletes 1 position of Human
Resources Specialist. Adds 1 position of Human Resources
Specialist, Senior/Human Resources Specialist. DISTRICT
ATTORNEY-CRIMINAL - adds 1 sunset position of Office
Assistant (position end date 6-30-07) PROBATION - deletes
1 position of Manager, Support Services. Adds 1 position of
Manager, Personnel Operations. PUBLIC HEALTH-GENERAL
SERVICES - deletes 1 position of Occupational
Therapist/Physical Therapist. Adds 1 position of
Occupational Therapist, Senior/Occupational
Therapist/Physical Therapist, Senior/Physical Therapist.
BEHAVIORAL HEALTH-GENERAL SERVICES - deletes 1 position of
Office Specialist/Office Assistant. Adds 1 position of
Supervisor, Support Services, and 1 position of Supervisor,
Administrative Analyst. SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE C, GENERAL (BCEA) UNIT CLASSIFICATIONS -
adds the classifications of Occupational Therapist, Senior
(Salary Range 55) and Physical Therapist, Senior (Salary
Range 55) SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE
F, MANAGEMENT, CONFIDENTIAL AND SUPERVISORY (BCMEA) UNIT
CLASSIFICATIONS - adds the classification of Human Resources
Specialist, Senior (Salary Range 37) - action requested -
ADOPT RESOLUTION 06-131 AND AUTHORIZE THE CHAIR TO SIGN.
29. Library Donations - pursuant to Government Code Section
25355, donations of $1,450.25 from the Paradise Friends of
the Library, $700 from the Oroville Friends of the Library,
and $350 from the Paradise Pines women's Club, have been
received for the Butte County Trust Fund for the purchase of
books. Donations of $207.41 from the Paradise Friends of the
Library, and $170 from an anonymous donor, have been received
for staff support hours at the Paradise Branch - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
30. Sentinel Offender Services, LLC - Amendment - approval is
requested for an amendment to the agreement with Sentinel
Offender Services, LLC, for the provision of electronic
monitoring services for youth offenders on probation. The
amendment extends the term of the agreement through
June 30, 2009, increases the maximum amount payable by
$114,000 (department budget), and revises the agreement's
exhibits to reflect the changes. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X14185)
PAGE 7 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
0618-001 31. Donation for Animal Control - pursuant to Government Code
Section 25355, donations totaling $65 have been received from
various Department of Employment and Social Services
employees, in memory of Dee Lacey, to pay for heartworm
treatment for a rescued animal. The animal will be suitable
for adoption once treatment is complete - action
requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
32. Physical and Occupational Therapists - Amendments - approval
is requested for amendments to the agreements with various
Physical and Occupational Therapists who provide services to
the clients of the California Children's Services Program.
The following amendments extend the term of each agreement
through December 31, 2006, and increase the maximum amounts
payable as follows: Connie Brattan (Contract No. X15584)
increased by $18,252; Bonnie Calhoon (Contract No. X15486)
increased by $19,656; Meg Palmer (Contract No. X15489)
increased by $5,460; Denise Sanford (Contract No. X15483)
increased by $8,736; Monica Schwartz (Contract No. X15485)
increased by $21,840; Patrick Slupski (Contract No. X15482)
increased by $19,656; Mary Sweeney (Contract No. X15490)
increased by $12,448.80; and Teresa wood-Hansen (Contract No.
X15484) increased by $21,840. Funding for the increases is
provided by Realignment Funds (250), State Funds (500), and
County matching funds (250 [department budget]). All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENTS (8) AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
33. Fixed Asset Purchase - approval is requested for the fixed
asset purchase of modular furniture for the Animal Control
Division in the estimated amount of $25,000. Funding for the
purchase is available within the department's budget using
savings from the fixed asset purchase of furniture for the
Women, Infants and Children's Program - action requested -
APPROVE FIXED ASSET PURCHASE OF MODULAR FURNITURE IN THE
AMOUNT OF $25,000.
34. Butte County Office of Education - approval is requested for
a sole source agreement with the Butte County Office of
Education for the provision of tobacco education,
intervention and cessation services to school-aged children.
The term of the agreement is July 1, 2006, through
June 30, 2007, with a maximum amount payable of $61,000
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 8 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
0618-001 35. Surplus Equipment and Fixed Asset Purchase - approval is
requested to declare surplus a waste disposal tractor (fixed
asset no. 26780) and authorize the trade-in of the surplus
tractor toward the purchase of a new waste disposal tractor.
Fixed asset purchase approval for the new tractor was
included in the 2006-2007 budget. The trade-in value of the
old tractor is $200,000, reducing the total cost of the new
equipment to $334,047 (plus sales tax). Funding for the
purchase was also included in the department's 2006-2007
budget - action requested - DECLARE TRACTOR SURPLUS TO THE
NEEDS OF THE COUNTY AND AUTHORIZE THE TRADE-IN OF THE SURPLUS
TRACTOR TOWARD THE PURCHASE OF NEW TRACTOR.
36. Resolution in Support of the Edward A. Craddock water and
Resource Conservation Scholarship - approval is requested for
a resolution of support for the Edward A. Craddock water and
Resource Conservation Scholarship established through the
Butte College Foundation - action requested - ADOPT
RESOLUTION 06-132 AND AUTHORIZE THE CHAIR TO SIGN.
37. Water Advisory Committee - action requested - ACCEPT THE
RECOMMENDATION OF THE BUTTE COUNTY WATER COMMISSION AND
APPOINT TO THE WATER ADVISORY COMMITTEE RICK PONCIANO,
INTERIM REPRESENTATIVE, PENTZ SUB-INVENTORY UNIT
__________._____.-, AND MARK ORME, BUTTE SUB-INVENTORY UNIT
REPRESENTATIVE.
38. Richvale Recreation and Park District - Insufficient Nominee
Appointment in Lieu of Election - pursuant to California
Elections Code Section 10515, approval is requested to
appoint a candidate to a district vacancy - action
requested - APPOINT ERIC D. LUNDBERG, DIRECTOR, TO A TERM TO
END DECEMBER 1, 2010.
39. Area II Developmental Disabilities Planning Board - action
requested - REAPPOINT VICKIE STEELE, BUTTE COUNTY
REPRESENTATIVE, TO A TERM TO END JANUARY 1, 2009. (210)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE ACTION REQUESTED ON
ITEM 3.37 AMENDED TO READ, "...TO THE WATER ADVISORY COMMITTEE
RICK PONCIANE, INTERIM REPRESENTATIVE, PENTZ SUB-INVENTORY UNIT,
AND...".
S M
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
PAGE 9 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 12, 2006
REGULAR AGENDA
0618-002 Boards, Commissions and Committees. (245)
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports. (NONE)
0618-003 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (269) STARLYN BROWN, ASSISTANT CHIEF
ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT THE LEGISLATURE IS
CURRENTLY IN RECESS, AND SUBMITTED A SUMMARY OF BILLS AFFECTING
LOCAL GOVERNMENTS THAT HAVE BEEN SUBMITTED TO THE GOVERNOR FOR
SIGNATURE. THE GOVERNOR HAS UNTIL SEPTEMBER 30TH TO SIGN OR VETO
THE BILLS.
0618-004 Program 2.2 of the General Plan Agricultural Element - 300-Foot
Agricultural Buffer - consideration of a resolution which will
clarify the applicability of the 300-foot buffer requirement in
Program 2.2 of the General Plan Agricultural Element - action
requested:
A. ADOPT A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
CLARIFICATION MEMORANDUM REGARDING GENERAL PLAN AGRICULTURAL
ELEMENT PROGRAM 2.2 - 300-FOOT SETBACK INTERIM TO AN ADOPTED
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; OR
B. ADOPT A RESOLUTION ACCEPTING THE DEPARTMENT OF DEVELOPMENT
SERVICES' CLARIFICATION MEMORANDUM REGARDING GENERAL PLAN
AGRICULTURAL ELEMENT PROGRAM 2.2 - 300-FOOT SETBACK INTERIM
TO AN ADOPTED ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
(360) (**00)
MOTION: I MOVE TO CONTINUE THIS MATTER TO OCTOBER 10, 2006, AND DIRECT
STAFF TO PROVIDE THE BOARD WITH ADDITIONAL INFORMATION, INCLUDING
A SINGLE SHEET LIST OF WHAT THE ISSUES ARE, A GROUPING ANALYSIS OF
THE 288 +/- DECISIONS THAT HAVE BEEN MADE THAT HAVE ALLOWED PEOPLE
TO PROCEED, A LIST OF WHAT IS BEING HELD UP EITHER BECAUSE THE
BOARD CONTINUED IT OR STAFF HAS HELD IT UP, A COMPARISON SHEET
REGARDING THE FINDINGS OF UNUSUAL CIRCUMSTANCES, SOME HISTORY OF
PAST POLICIES AND DISCUSSION OF THIS ISSUE, A WRITTEN DEFINITION
OF THE SPHERE OF INFLUENCE, AND INFORMATION REGARDING THE NUMBER
OF SMALL SUBSTANDARD PARCELS THAT HAVE BEEN CREATED IN THESE
AGRICULTURAL AREAS.
M S
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
RECESS: 11:31 A.M.
RECONVENE : 11:5 3 A . M .
PAGE 10
SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
PUBLIC HEARINGS AND TIMED ITEMS
0618-005 Public Hearing - Joyce Vanman - Legal Lot Determination/
Conditional Certificate of Compliance Appeal - on August 18, 2006,
the applicant filed an appeal of certain conditions of approval of
a Legal Lot Determination/Conditional Certificate of Compliance
for the property located on the north side of Craig Access Road,
approximately 300 feet west of Cochise Drive, in the Feather Falls
area, and identified as APN 071-290-005. Subsequent to the filing
of the appeal, the Public works Department determined that the
condition appealed (Condition 2) was not applicable. On
August 30, 2006, the appellant withdrew her appeal - action
requested - ACKNOWLEDGE THE APPELLANT'S WITHDRAWAL OF THE APPEAL;
AND DIRECT THE AUDITOR-CONTROLLER TO ISSUE A REFUND CHECK IN THE
AMOUNT OF $50.00. (**2187)
PUBLIC HEARING OPENED: 11:53 A.M.
PUBLIC HEARING CLOSED: 11:53 A.M.
MOTION: I MOVE TO ACKNOWLEDGE THE APPELLANT'S WITHDRAWAL OF THE APPEAL AND
DIRECT THE AUDITOR-CONTROLLER TO ISSUE A REFUND CHECK IN THE
AMOUNT OF $50.00.
M S
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
REGULAR AGENDA
0618-006 Butte County General Plan Citizens Advisory Committee -
consideration of a resolution establishing the method of
appointment of members, and the work Plan for the Butte County
General Plan Citizens Advisory Committee, and consideration of
recommendations for appointments to the Citizens Advisory
Committee - action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN; AND MAKE APPOINTMENTS AS DETAILED IN THE AGENDA
REPORT. (**2235)
MOTION: I MOVE TO ADOPT RESOLUTION 06-133 AND AUTHORIZE THE CHAIR TO SIGN
AND APPOINT HELENE GINTER, KATE LEYDEN, MICHAEL WEISSENBORN, EMILY
FISHER, JAMES D. SMITH, JASON BOUGIE, R. JOHN ANDERSON, GEORGIE
BELLIN, JOHN J. CARTER, TROVEY GIEZENTANNER, TODD AHLL, BRUCE
MCCLINTOCK, ALLEN L. HACKETT, MICHAEL EVANS, ANTHONY RUSHING,
CALLI-JANE BURCH, PAULA KELSO, ALLAN JERRIGAN, SCOTT FOWLER,
WILLIAM KIENZLE, WILLIAM BLACK, RAQUELANA MANI PINA, SUE P.
SEROPIAN, STEVE RODOWICK, APRIL D. GROSSBERGER, SCARLETT S.
KETTELL, SCOTT MCNALL, HARMAN GOSAI, EDWARD M. MILLER, AND PIA
SEVELIUS.
M S
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
PAGE 11 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
0618-007 Response to the 2005-2006 Grand Jury Final Report - submitted is
the draft Board of Supervisors' response to the findings and
recommendations contained in the 2005-2006 Grand Jury Final
Report. The report also includes a copy of the responses provided
directly to the Presiding Judge from the elected and appointed
department heads - action requested - APPROVE THE DRAFT RESPONSE
AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SUBMIT THE
REPORT TO THE PRESIDING JUDGE OF THE SUPERIOR COURT OF CALIFORNIA,
COUNTY OF BUTTE; OR PROVIDE STAFF DIRECTION AS NEEDED. (**2934)
MOTION: I MOVE TO APPROVE THE DRAFT RESPONSE AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO SUBMIT THE REPORT TO THE PRESIDING JUDGE
OF THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE.
S M
VOTE: l Y 2 Y 3 Y NP 4 Y 5 Y (Motion Carried)
0618-008 Items Removed from the Consent Agenda for Board Consideration and
Action. (**3140) (NONE)
PUBLIC 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. (**3153)
1. BILL ORTHEL, A RESIDENT OF FREDERICK LANE IN DURHAM,
ADDRESSED THE BOARD REGARDING FLOODING OF HIS PROPERTY AS A
RESULT OF CONSTRUCTION OF A DRAINAGE DITCH BEHIND HIS
PROPERTY BY PUBLIC WORKS.
BOARD DIRECTION TO MIKE CRUMP, DIRECTOR-PUBLIC WORKS, TO
CONTINUE TO WORK WITH THE STATE AND THE PROPERTY OWNERS TO
RESOLVE THIS ISSUE.
CLOSED SESSION
0618-009 Recess: THE BOARD RECESSSED AT 12:23 P.M. TO A CLOSED
SESSION CONFERENCE WITH REAL PROPERTY
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54956.8; PROPERTY: 6626 AND 6724 SKYWAY,
PARADISE; AGENCY NEGOTIATOR: BILL CURRY,
DIRECTOR-GENERAL SERVICES; NEGOTIATING PARTY:
MIKE TRINCA; UNDER NEGOTIATION: PRICE AND TERMS
OF PAYMENT. A CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) 1. LAKE
OROVILLE INTERVENTION (FERC PROJECT 2100); 2.
POE INTERVENTION (FERC PROJECT 2107); AND A
CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) ONE POTENTIAL CASE.
(**3679)
PAGE 12 SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 12, 2006
Reconvene: THE BOARD RECONVENED AT 1:30 P.M. FROM A CLOSED
SESSION CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8;
PROPERTY: 6626 AND 6724 SKYWAY, PARADISE; AGENCY
NEGOTIATOR: BILL CURRY, DIRECTOR-GENERAL
SERVICES; NEGOTIATING PARTY: MIKE TRINCA; UNDER
NEGOTIATION: PRICE AND TERMS OF PAYMENT. A
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) 1. LAKE OROVILLE INTERVENTION (FERC
PROJECT 2100); 2. POE INTERVENTION (FERC
PROJECT 2107); AND A CONFERENCE WITH LEGAL
COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c):
ONE POTENTIAL CASE. (***30) (NO ANNOUNCEMENTS)
PUBLIC HEARINGS AND TIMED ITEMS
0618-010 Timed Item - Final Consultant Selection and Contract Approval -
Butte County Comprehensive General Plan and Zoning Ordinance
Update and Environmental Impact Report - consideration of the
Scope of work and approval of an agreement with Design, Community
& Environment to complete the Comprehensive General Plan/Zoning
Ordinance Update and Environmental Impact Report for the County of
Butte. The term of the agreement is September 12, 2006, through
September 30, 2009, in an amount not to exceed $1,593,206. The
department currently has $300,000 budgeted for the agreement, and
Board approval is also requested for a transfer of $200,000 from
the General Fund Appropriation for Contingencies to provide
additional appropriations for anticipated costs through fiscal
year 2006-2007. Subsequent funding for the remainder of the
agreement will be included in the department's annual budget
requests - action requested - APPROVE A BUDGET TRANSFER (4 /5 vote
required) ACCEPTING AND APPROPRIATING $200,000 FROM THE GENERAL
FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA
REPORT; AND APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(***36)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-053 ACCEPTING AND
APPROPRIATING $200,000 FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
M S
VOTE: l Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
PAGE 13
SEPTEMBER 12, 2006
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 12, 2006
ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:01 P.M. TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, SEPTEMBER 26, 2006, AT 9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By:
PAGE 14 SEPTEMBER 12, 2006