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HomeMy WebLinkAboutM091410BUTTE COUNTY BOARD OF SUPERVISORS MINUTES September 14, 2010 o~~TrFo 0 0 0 0 o -s~_ - o o -~~ - - o C~ ~ ~(~ ~~ County Supervisors Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Steve Lambert, District 4 Kim Yamaguchi, District 5 Paul Hahn, Chief Administrative Officer and Clerk of the Board Bruce Alpert, County Counsel BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O Called to order at 9:03 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: Paul Hahn, 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. CORRECTIONS AND~OR CHANGES TO THE AGENDA. 1024-001 CONSENT AGENDA 1. Fixed Asset Purchase -request to purchase an upgrade to the existing property tax system at a cost of $26,000 (department budget utilizing salary savings). This upgrade will allow for annual electronic filing of business and agricultural property statements - action requested -APPROVE FIXED ASSET PURCHASE OF SYSTEM UPGRADE AND APPROVE RELATED BUDGETADJUSTMENT. (Assessor) 2. Caminar, Inc. -agreement with Caminar, Inc. to provide vocational experience services, supported employment, community work crews, and situational assessment. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $266,755 (department budget utilizing MHSA funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 3. Sierra-Cascade Research Associates, Inc. -Gerald E. Maguire, M.D. -agreement with Gerald E. Maguire, M.D. for psychiatry services. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $43,750 (department budget utilizing Medicaid and Realignment funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 4. Stonewall Alliance of Chico -agreement with Stonewall Alliance of Chico for education, outreach, and training to gay, lesbian, bisexual, transgender, and questioning transitional aged youth aged 14-25; caregivers/parents and other community members and groups. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $82,500 (department budget utilizing MDSA funds) -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) PAGE 1 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O 5. Skyway House -agreement with Skyway House for a variety of drug and alcohol treatment programs. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $59,917.80 (department budget utilizing grant funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 6. Prospect High School -revenue agreement with Prospect High School to provide school based mental health services in Prospect High School in Oroville. The term of the agreement is August 23, 2010 through June 30, 2011 with a maximum amount receivable of $4,830 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT ACCEPTING UNANTICPATED REVENUE. (Behavioral Health) 7. Youth for Change -agreement with Youth for Change for Multidimensional Treatment Foster Care services to care for seriously emotionally disturbed youth enrolled in Connecting Circles of Care. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $196,468.38 (department budget utilizing Federal and State Medi-Cal and grant funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 8. Youth for Change - agreement with Youth for Change for support of the mission of the African American Family Cultural Center (AAFCC), a collaborative effort between Butte County Department of Behavioral Health, S.H. Cowell Foundation, and the National Community Development Institute. The term of the agreement is September 1, 2010 through June 30, 2011 with a maximum amount payable of $271,305 (department budget utilizing MHSA funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 9. Tri-County Treatment -agreement with Tri-County Treatment for residential services, and alcohol and drug free housing for clients referred by Butte County's Drug Court Program. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $45,759.90 (department budget utilizing grant funds) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 10. Northern Valley Catholic Social Services (NVCSS) -agreement with NVCSS for the Parent Partner component of the Connecting Circles of Care Program. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $1,031,307.35 (department budget utilizing grant funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) PAGE 2 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O 11. Northern Valley Catholic Social Services -agreement with NVCSS for the Promotores and Master Lease Programs. These programs provide outreach activities, mental health consultation and early intervention that reduces risk factors for families and expands housing options for unserved or underserved adults to help them achieve self- sufficiency. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $342,213.06 (department budget utilizing MHSA funds) - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 12. Northern Valley Catholic Social Services -agreement with NVCSS for mental health services for children and school based mental health services at multiple school districts within Butte County. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $1,684,900.50 (department budget utilizing 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) 13. CSU, Chico Research Foundation -agreement with the CSU, Chico Research Foundation for the assessment, intervention, and ongoing support to older adults in Butte County. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $677,867.58 (department budget utilizing MHSA funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 14. CSU, Chico Research Foundation - agreement amendment with Chico Research Foundation for assessment, intervention, and ongoing support to older adults in Butte County. This amendment (FY 2009-2010) decreases the maximum amount payable by $219,939.45 -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Behavioral Health) 15. Butte County Probation Department -amendment to the agreement for FY 2009-2010 with Butte County Probation Department for services related to the Drug Court Program. The Department was awarded a subcontract with California Emergency Management Agency (Cal EMA) for $334,472 to fund two full time Probation Officers to provide direct client oversight and supporting client accountability. The amendment increases the maximum amount payable by $14,047.14 (department budget utilizing Cal EMA funds) -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Behavioral Health) PAGE 3 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O 16. Butte County Water Commission -Supervisor Kirk submits her nomination for Third District Water Commissioner. This position is currently vacant due to a resignation - action requested -APPOINT GEORGE "ERNIE" WASHINGTON TO A TERM TO END JANUARY 3, 2011. (Board of Supervisors) 17. Resolution Recognizing September 2010 as Prostate Cancer Awareness Month -action requested -ADOPT RESOLUTION 10-125 AND AUTHORIZE THE CHAIR TO SIGN. (Board of Supervisors) 18. Recommendations from the Reorganization Ad Hoc Committee -The Committee met with the Chief Administrative Officer and Human Resources Director and recommends the following changes in the Chief Administrative Office: 1) the elimination of one position; 2) the redistribution of workload among remaining staff; and 3) the transfer of County Service Area administration back to the Public Works Department. The Committee will complete further analysis of other support services departments and will return with additional recommendations at a future date -action requested -ACCEPT THE RECOMMENDATIONS OF THE REORGANZATION AD HOC COMMITTEE. (Board of Supervisors) 19. Fiscal Year 2009-2010 Year End Appropriation Adjustments/Transfers -submitted are the recommended appropriation adjustments for Fiscal Year 2009-2010 - action requested -APPROVE BUDGET ADJUSTMENTS AND TRANSFERS (4/5 vote required) APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Chief Administrative Office) 20. The Consolidated Area Housing Authority of Sutter County for Housing Rehabilitation (Housing Authority) - In 2007, Butte County entered into a master subrecipient agreement with the Housing Authority to administer the County's Housing Rehabilitation program which serves low-income households in the unincorporated areas of the County. Staff recommends utilizing the Housing Authority to complete and submit a housing rehabilitation funding request through the State HOME Investment Partnerships Program at a cost not to exceed $3,500 (department budget) - action requested - APPROVE EXHIBIT #4 TO THE MASTER SUBRECIPIENT AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Chief Administrative Office) 21. City of Chico -revenue agreement with City of Chico to provide funding for the direct personnel costs incurred by the County for 18 additional hours per week at the Chico Branch Library. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount receivable of $131,828 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office) PAGE 4 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O 22. The FerEuson Group -amendment to the agreement with The Ferguson Group for federal legislative advocacy services. The amendment extends the agreement through September 30, 2011 with an annual maximum amount payable of $128,000 -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office) 23. Resolution ApprovinE Updated Vehicle UsaEe Policy -Since the approval of the Butte County Vehicle Usage Policy in 1995, new State laws and regulations have been enacted which necessitate an update to the policy. The County's Vehicle Committee, comprised of representatives from some larger County departments, submits an update to this policy which includes input from County staff and employee bargaining units -action requested -APPROVE RESOLUTION 10-126 AND AUTHORIZE CHAIR TO SIGN. (Chief Administrative Office) 24. BudEet Adjustment -request for a budget adjustment for County Service Area 31 increasing revenue by $1,000. This action will correct an error in the budget process - action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Chief Administrative Office) 25. Approval of Minutes -minutes of August 24, 2010 -action requested -APPROVE MINUTES. (Chief Administrative Office) 26. Rush Personnel Services -agreement with Rush Personnel Services to provide staffing services for the November 2010 General Election. The term of the agreement is September 14, 2010 through November 30, 2010 with a maximum amount payable of $30,000 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Clerk-Recorder/Elections) 27. Appropriate Fund Balance -The District Attorney's office receives funding from the California Department of Insurance (CDI) through the Automobile Insurance Fraud Program and the Workers' Compensation Insurance Fraud Grant. At the end of Fiscal Year 2009-2010, unspent funds totaled $70,310. These funds are restricted and cannot be used for other purposes. The DA's office has received adequate funding from the Department of Insurance for Fiscal Year 2009-2010 and will not need to utilize the carryover funds. Approval is requested to return these funds to the CDI - action requested-APPROVE BUDGET ADJUSTMENT (4/5 vote required) APPROPRIATING CARRYOVER FUNDS AS DETAILED IN THE AGENDA REPORT. (District Attorney) PAGE 5 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O 28. Proposed IHSS Program Integrity and Fraud Investigations Plan for FY 2010-2011 - The California Department of Social Services (CDSS) has announced the In-Home Supportive Services Fraud Investigations and Program Integrity funding for Fiscal Year 2010-2011 pending the adoption of the state budget. Butte County's allocation would be $178,421 with a required county match of $32,132. The DA, in collaboration with the DESS, has developed a Program Integrity and Fraud Investigations Plan for the Board of Supervisors approval which is required for DESS to be a qualified recipient for this funding source - action requested -ACCEPT AND APPROVE THE PROPOSED IHSS PROGRAM INTEGRITY AND FRAUD INVESTIGATIONS PLAN FOR FY 2010-2011 AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE DESS TO SUBMIT THE PLAN TO CALIFORNIA DEPARTMENT OF SOCIAL SERVICES FOR FUNDING OF THE PROGRAM. (District Attorney) 29. Private Industry Council of Butte County -amendment to the agreement with Private Industry Council of Butte County to provide CaIWORKSs Subsidized Employment Program Services and Work Experience Site Development & Enhancement. The amendment increases the maximum amount payable by $1,880,000. $1.5 million of the funds is available from the American Recovery and Reinvestment Act (ARRA) of 2009 and $380,000 has already been budgeted in the department budget. This agreement will have no fiscal impact to the County General Fund -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) 30. Accept Unanticipated Revenue -accept $12,493 in unanticipated revenue from the California Motor Vehicle "Kids License Plates" Program to be used for programs that will help keep California kids safe through injury prevention efforts -action requested - ACCEPTAND APPROPRIATE UNANTICIPATED FUNDS. (Employment and Social Services) 31. M.C.Horning, Jr. dba Signature Services, a Property Management Company -agreement with M.C.Horning, Jr. dba Signature Services, a Property Management Company for lease of 805 Cedar Street,-~~~~*°° ^ ~~ Q, Suite C in Paradise for Behavioral Health Adult Services. The term of the agreement is September 15, 2010 through December 31, 2011 with a maximum amount payable of $10,388 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (General Services) PAGE 6 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O 32. Resolution to Amend the Salary Ordinance -the department has prepared a resolution which will amend the salary ordinance as follows: CHILD SUPPORT SERVICES -requests to change the allocation of one position of Administrative Assistant to a flexibly staffed Administrative Assistant, Senior/Administrative Assistant position. This change will leave the total allocations in the department unchanged at 112.5. BEHAVIORAL HEALTH -requests to reclassify one position of Program Manager, Wellness and Recovery to Manager, Program Development. This reclassification was agreed to by the Human Resources Department and will result in an increase of $7,158.89 in salary and benefits, which was reviewed and approved as part of the FY 2010-2011 Proposed Budget. The change, to be effective June 26, 2010, will leave the total allocations in the department unchanged - action requested - ADOPT RESOLUTION 10-127 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 33. Fixed Asset Purchase -approval is requested for the purchase of two radio vaults for support of the public safety radio, microwave, and 9-1-1 systems in the amount of $125,000 (department budget) -action requested -APPROVE FIXED ASSET PURCHASE; APPROVE BUDGET ADJUSTMENT (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Information Systems) 34. Resolution Proclaiming The eoy Who Harnessed the Wind as the Book in Common for the County of Butte in 2010-2011 -Since 2000, California State University, Chico (CSUC) has sponsored a Book in Common program to engage its students in reading, intellectual engagement, and community dialogue. For 2010-2011, Butte County Library and other community partners are collaborating with CSUC to expand the program throughout Butte County -action requested -ADOPT RESOLUTION 10-128 AND AUTHORIZE THE CHAIR TO SIGN. (Library) 35. Resolution ProclaiminE the Community MeetinE Room at the Paradise Library Branch the "Blackburn Memorial Community Room" - In 1914, Emma Blackburn realized that a free library would benefit its citizens. With the help of Ida Reagan, the Butte County Librarian at the time, Ms. Blackburn established the first free public library in the Town of Paradise. Ms. Blackburn then served as librarian through 1947. The Paradise Friends of the Library would like to honor Ms. Blackburn by naming the community meeting room at the Paradise Library Branch in her memory -action requested -ADOPT RESOLUTION 10-129 AND AUTHORIZE THE CHAIR TO SIGN. (Library) 36. Resolution RecoEnizinE September 2010 as Library Card SiEn-Up Month -action requested -ADOPT RESOLUTION 10-130 AND AUTHORIZE THE CHAIR TO SIGN. (Library) 37. Library Donations -The Library has received the following donations for books: $1,200 from Oroville Friend of the Library; $100 from Maudie Penney; and $3,200 from Chico Friends of the library -action requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. (Library) PAGE 7 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O 38. Chico Unified School District (CUSD) -agreement with CUSD for the department to provide one half-time Probation Officer to work with delinquent and pre-delinquent youth and their families to improve school attendance and behavior for the Truancy Program. The term of the agreement is August 1, 2010 through June 30, 2011 with a maximum amount payable of $33,320 (department budget) -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Probation) 39. State of California Office of Traffic Safety (OTS) -agreement with OTS to provide an educational campaign targeting parents and teens called "Arrive Alive." The term of the agreement is October 1, 2010 through September 30, 2011 with a maximum amount receivable of $124,334 (department budget utilizing grant funds) -action requested - APPROVE GRANT AGREEMENT AND THE ACCEPTANCE OF CONDITIONS AND CERTIFICATIONS; AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health) 40. Resolution AuthorizinE the Director of Public Works to Execute the Interim Exhibit 9-B Local AEency Disadvantaged Business Enterprise (DBE) Submittal form for Federal Fiscal Year 2010-2011 - As a condition to receive Federal Highway Administration funding for transportation projects, the County adopted a DBE Program in compliance with Title 49 CFR Part 26. Under this program, sub-recipients must adopt Exhibit 9-B designating race- neutral DBE program measures and federal-aid payment provisions including methods for their monitoring and enforcement -action requested -ADOPT RESOLUTION 10-131 AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 41. St. Vincent de Paul Society -agreement with St. Vincent de Paul Society for services of hauling and recycling of waste mattresses and box springs collected at the Neal Road Recycling & Waste Facility. The term of the agreement is August 1, 2010 through July 31, 2011 with a maximum amount payable of $50,000 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works) 42. Forensics Medical Group (FMG) -agreement with Forensics Medical Group for autopsy examinations when the local medical examiner is unavailable. The term of the agreement is July 1, 2010 through June 30, 2013 with a maximum amount payable of $65,000 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff-Coroner) PAGE 8 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O 43. Paradise Unified and Oroville Union High School Districts -agreements with Paradise Unified and Oroville Union High School Districts for each school district to have a School Resource Deputy. The term of the agreement with Paradise Unified is August 1, 2010 through June 30, 2011 with a maximum amount receivable of $41,000. The term of the agreement with Oroville Union is August 23, 2010 through June 10, 2011 with a maximum amount receivable of $40,000 - action requested -APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENTS (4/5 vote required). (Sheriff-Coroner) 44. 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. (Sheriff-Coroner) 45. Monthly Investment Report -submitted is the Monthly Investment Report dated July 31, 2010 in accordance with the Statement of Investment Policy dated July 1, 2010 - action requested -ACCEPT FOR INFORMATION. (Treasurer/Tax Collector) 46. Resolution for Application of Grant Funds -The Northern Sacramento Valley Integrated Regional Water Management (IRWM) Group is comprised of the counties of Butte, Colusa, Glenn, Shasta, Sutter and Tehama. The department is requesting authorization to submit a grant application to the Department of Water Resources under Proposition 84 on behalf of the Northern Sacramento Valley IRWM Group for the development of the Northern Sacramento Valley IRWM Plan -action requested -APPROVE THE RESOLUTION 10-132 APPROVING AN APPLICATION FOR GRANT FUNDING AND AUTHORIZE THE CHAIR TO SIGN. (Water and Resource Conservation) 47. Bangor Cemetery District -This position is vacant due to a Trustee's resignation. The new appointee will serve the remainder of the vacated term -action requested - APPOINT JENNIFER HEILMANN AS TRUSTEE TO A TERM TO END JANUARY 1, 2011. (Other Departments and Agencies) MOTION: I MOVE TO ADOPT THE CONSENT AGENDA. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PAGE 9 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, 2010 1024-002 REGULAR AGENDA Boards, Commissions and Committees 1. Appointments to Listed Vacancies (None) 2. Board Member or Committee Reports SUPERVISOR LAMBERT REPORTED ON THE BUTTE COUNTY FAIR. SUPERVISOR CONNELLY REPORTED ON A MEETING OF CALIFORNIA STATE ASSOCIATION OF COUNTIES. PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA 1. Resolution Proclaiming The eoy Who Harnessed the Wind as the Book in Common for the County of Butte in 2010-2011 -Linda Mielke, Director of Library, accepted the resolution. 2. Resolution RecoEnizinE September 2010 as Library Card SiEn-Up Month -Linda Mielke, Director of Library, accepted the resolution. 1024-003 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. HE PROVIDED A REVIEW OF THE BILLS CURRENTLY ON THE GOVERNOR'S DESK. (15:14) 1024-004 Update of General Plan 2030 Process by Director of Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. 1024-005 Update Regarding Upcoming Butte County Code Amendments by Director of Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. Items Removed from the Consent Agenda for Board Consideration and Action. (None) PAGE 10 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, ZO1O PUBLIC HEARINGS AND TIMED ITEMS 1024-006 Public HearinEs -Itemized Cost of Nuisance Abatements for the Following Properties - A. 14607 Holmwood Drive, MaEalia, APN 065-174-009 (CE09-0369) - This property was abated by the County between June 15 and June 25, 2010 -action requested -APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $8,121.46 AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. PUBLIC HEARING OPENED: 9:33 A.M. PUBLIC HEARING CLOSED: 9:33 A.M. MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $8,121.46 AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY ) 1024-007 B. 2596 C Street, Oroville, APN 035-112-009 (CE09-0154) - A hearing was held on February 11, 2010, and after the hearing officer's determination that a nuisance existed, the owner cleaned up his own property -action requested -APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $3,221.10 AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. PUBLIC HEARING OPENED: 9:35 A.M. PUBLIC HEARING CLOSED: 9:35 A.M. MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $3,221.10 AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENTTO BE COLLECTED ATTHE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PAGE 11 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, 2010 1024-008 C. 3151 Claremont Drive, Oroville, APN 079-030-045 (CE08-0592) -This property was abated by the County between May 3 and May 21, 2010 -action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $15,622.14 AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Department of Development Services) PUBLIC HEARING OPENED: 9:36 A.M. PUBLIC HEARING CLOSED: 9:36 A.M. MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $15,622.14 AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENTTO BE COLLECTED ATTHE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) HELEN LOUISE TAYLOR, THE PROPERTY OWNER ADDRESSED THE BOARD. THE BOARD DIRECTED STAFF TO DETERMINE IF A PAYMENT PLAN CAN BE ESTABLISHED FOR THIS PROPERTY OWNER ONCE THE LIEN IS PLACED. STAFF WILL PROVIDE A WRITTEN REPORT TO THE BOARD REGARDING THE LIEN PLACEMENT PROCESS AND OPTIONS FOR PAYMENT PLANS IN CASE OF HARDSHIPS. (36:28) Recess: 9:40 A.M. Reconvene: 9:46 A.M. 1024-009 Public HearinE -Citizens Option for Public Safety (State COPS) Spending Plan -The Sheriff's Office and the District Attorney's Office have submitted their expenditure plans for Fiscal Year 2010/2011. The Supplemental Law Enforcement Oversight Committee has approved these plans -action requested -ACCEPT AND APPROVE THE STATE COPS SPENDING PLAN. (Sheriff- Coronerand District Attorney) MIKE RAMSEY, DISTRICT ATTORNEY AND BECKY CALLAS FROM THE SHERIFF'S OFFICE ADDRESSED THE BOARD. PUBLIC HEARING OPENED: 9:59 A.M. PUBLIC HEARING CLOSED: 9:59 A.M. MOTION: I MOVE TO ACCEPT AND APPROVE THE STATE COPS SPENDING PLAN. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PAGE 12 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, 2010 1024-010 Recommendation for Governance Structure of Northern Sacramento Valley Integrated ReEional Water ManaEement IRWM Group -The counties of Butte, Colusa, Glenn, Shasta, Sutter and Tehama established the Northern Sacramento Valley IRWM Group for the development of the IRWM plan. The Water Commission recommends a governance structure in which each participating county will appoint three members to the IRWM Group for a total of eighteen members -action requested -ACCEPT THE RECOMMENDATION OF THE WATER COMMISSION REGARDING THE GOVERNANCE FOR THE NORTHERN SACRAMENTO VALLEY IRWM GROUP AS DETAILED IN THE STAFF REPORT. (Water and Resource Conservation) PAUL GOSSELIN, DIRECTOR AND VICKIE NEWLIN, ASSISTANT DIRECTOR OF WATER AND RESOURCE CONSERVATION PROVIDED A REPORTTO THE BOARD. (44:32) ROBIN HUFFMAN ADDRESSED THE BOARD. MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE WATER COMMISSION REGARDING THE GOVERNANCE FOR THE NORTHERN SACRAMENTO VALLEY IRWM GROUP AS DETAILED IN THE STAFF REPORT. (OPTION 2 FROM YOST) 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) THE BOARD WILL CONSIDER APPOINTMENTS TO THE NORTHERN SACRAMENTO VALLEY IRWM GROUP A FUTURE MEETING. THEY DIRECTED STAFF BRING FORWARD A RESOLUTION THAT DEFINES THE RECRUITMENT, SELECTION, AND APPROVAL PROCESS FOR APPOINTEES TO THIS GROUP. (1:11:59) 1024-011 PUBLIC COMMENT (each speaker limited to five minutes) RICHARD TOGNOLI ADDRESSED THE BOARD. (1:18:11) 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. PRESENTATION OF RESOLUTION ADOPTED ON THE CONSENT AGENDA Resolution RecoEnizinE September 2010 as Prostate Cancer Awareness Month - AI Stieffel and Glen Sherman accepted the resolution. Recess: 10:50 a.m. Reconvene: 11:04 a.m. PAGE 13 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, 2010 1024-012 Timed Item -Matter On Which a Public HearinE Has Been Held and Motion of Intent Adopted -Paradise Summit TSM08-0006 and PUD08-0001 (Wyckoff) -The Board of Supervisors continued this matter to September 14, 2010 in order for staff to refine the findings and resolution. Staff requests additional time to finalize the findings for this project - action requested -CONTINUE ITEM TO FUTURE BOARD OF SUPERVISORS MEETING. RICHARD HARRIMAN ADDRESSED THE BOARD. THIS ITEM WAS CONTINUED AND WILL RETURN ON THE SEPTEMBER 28, 2010 AGENDA AS A TIMED ITEM. 1024-013 CLOSED SESSION THE BOARD RECESSED AT 11:10 A.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) -FIVE CASES: 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. NORTH CONTINENT LAND & TIMBER, INC. V. COUNTY OF BUTTE, ET AL; SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2010-80000542; 3. VANELLA OIL V. COUNTY OF BUTTE; SUPERIOR COURT CASE NO. 142273; 4. FIRST RESPONDER EMS, COUNTY OF BUTTE, ET AL V. CALIFORNIA EMS, ET AL; THIRD DISTRICT COURT OF APPEAL CASE NO. C060407; AND 5. BUTTE ENVIRONMENTAL COUNCIL V. COUNTY OF BUTTE, BUTTE COUNTY SUPERIOR COURT CASE NO: 144968 SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(b)(1) -TWO POTENTIAL CASES. PAGE 14 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, 2010 THE BOARD RECESSED AT 2:00 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) -FIVE CASES: 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. NORTH CONTINENT LAND & TIMBER, INC. V. COUNTY OF BUTTE, ET AL; SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2010-80000542; 3. VANELLA OIL V. COUNTY OF BUTTE; SUPERIOR COURT CASE NO. 142273; 4. FIRST RESPONDER EMS, COUNTY OF BUTTE, ET AL V. CALIFORNIA EMS, ET AL; THIRD DISTRICT COURT OF APPEAL CASE NO. C060407; AND 5. BUTTE ENVIRONMENTAL COUNCIL V. COUNTY OF BUTTE, BUTTE COUNTY SUPERIOR COURT CASE NO: 144968 SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(b)(1) -TWO POTENTIAL CASES. (No Announcements) 1024-014 Timed Item -Butte County General Plan 2030 -The Board of Supervisors will review the General Plan 2030 Draft Action Plan and consider changes to Health and Safety Element Policy HS-2.4h regarding development in a floodplain. The Board will also consider a property owner request for a change of General Plan 2030 designation on a parcel located on Kennedy Avenue (APN 042-100-005) in west Chico. In addition, staff requests Board direction on the following two items: 1) Recommendations from the Airport Land Use Commission on consistency with the 2000 Airport Land Use Compatibility Plan; and 2) Incorporation of the Durham Dayton Nelson Plan and the Chapman Mulberry Neighborhood into the General Plan 2030 -action requested -REVIEW DRAFT GENERAL PLAN 2030 ACTION PLAN AND PROVIDE DIRECTION TO STAFF; AND APPROVE ALL STAFF RECOMMENDED CHANGES TO THE DRAFT GENERAL PLAN 2030 DOCUMENT AND LAND USE MAP AS DETAILED IN AGENDA REPORT. (Department of Development Services) TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES AND DAN BREEDON, PRINCIPAL PLANNER PROVIDED REPORTS TO THE BOARD. PAGE 15 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, 2010 1024-014(A) 2030 Draft Action Plan CANDACE GRUBBS AND ROBIN HUFFMAN ADDRESSED THE BOARD. THE BOARD DIRECTED STAFF TO LOOK INTO THE DELAY OR DEFERRAL OF IMPACT FEES UNTIL THE TIME OF OCCUPANCY. THE BOARD DIRECTED THAT THE CHIEF ADMINISTRATIVE OFFICER WORK WITH STAFF TO PERFORM ANALYSIS ON POTENTIAL DELAY OR DEFERRAL OF IMPACT FEES AND PROVIDE A REPORT BACK TO THE BOARD AS SOON AS POSSIBLE. Water Element: THE BOARD DIRECTED THE INCLUSION OF THE FOLLOWING IN THE WATER ELEMENT: ENCOURAGE AND COOPERATE WITH WATER PURVEYORS TO SUPPORT THE DELIVERY OF SURFACE WATER FOR ECONOMIC DEVELOPMENT OF AGRICULTURE. THIS STATEMENT WILL BE INCLUDED AS WATER ELEMENT W-A2.3. (22:29) Land Use Element: THE BOARD DIRECTED AN AMENDMENT TO LU-A11.1 UNDER THE LAND USE ELEMENT TO REMOVE THE SPECIFIC REFERENCES TO WHICH INDIVIDUALS/ENTITIES SHOULD ATTEND MEETINGS TO DISCUSS PLANNING AND LAND USE ISSUES WITH MUNICIPALITIES. Housing Element: UNDER H-A1.1(d), THE BOARD DIRECTED THE ITEM BE AMENDED AS FOLLOWS: PROVIDE TECHNICAL ASSISTANCE TO DEVELOPERS INTERESTED IN ESTABLISHING THE APPROPRIATE MECHANISM TO FINANCE NEEDED INFRASTRUCTURE AND SERVICES WHERE THESE ARE FINANCIALLY FEASIBLE AT FULL COST TO THE DEVELOPER. UNDER H-A1.4, THE BOARD DIRECTED THE INCLUSION OF THE FOLLOWING STATEMENT: COUNTY TAKE ALL STEPS NECESSARY TO EFFECTUATE TRANSFERS. (28:51) UNDER H-A4.5, THE BOARD DIRECTED REMOVAL OF THE SPECIFIC REFERENCES TO BUTTE COUNTY OFFICE OF EDUCATION AND BEHAVIORAL HEALTH AND REPLACE WITH BUTTE mi iNTv UNDER H-A6.1 CHANGE THE IMPLEMENTATION DATE FROM 2010 TO 2011. Conservation and Open Space Element THE BOARD DIRECTED AN AMENDMENT TO COS-A17.1 AS FOLLOWS: ADOPT DEVELOPMENT GUIDELINES THAT MITIGATE THE IMPACTS OF RIDGELINE DEVELOPMENT NEAR SCENIC RESOURCES. PAGE 16 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, 2010 Economic Development Element THE BOARD DIRECTED THAT UNDER ED-A2.1 (32:54), THE WORD "IDENTIFY" BE CHANGED TO REVIEW AND UPDATE. Circulation Element UNDER CIR-A4.1, THE BOARD CHANGED THE IMPLEMENTATION SCHEDULE TO 2010/2011 AND DIRECTED THAT A LETTER BE WRITTEN SUPPORTING THESE EFFORTS TO THAT THIS ITEM CAN BE MARKED "COMPLETE". UNDER CIR-A5.1, THE BOARD DIRECTED THE USE OF THE WORD "RE-ADOPT" INSTEAD OF "ADOPT." 1024-014(B) Health and Safety Policy HS-2.4h THE BOARD DIRECTED STAFF TO AMEND POLICY HS-2.4H AS RECOMMENDED BY STAFF AS SHOWN BELOW, AND WORK WITH COUNTY COUNSEL TO ADDRESS POLICY HS-2.4G TO ENSURE THE POLICY IS LEGAL AND COMPLIES WITH THE BOARD'S INTENT, AND TO REVIEW THE SPECIFIC WORDING: "BODY OF WATER". (h) Require significant storage of material or any substantial grading or substantial placement of fill that is not approved by the County through a development agreement, discretionary permit, or other discretionary entitlement; a ministerial permit that would result in the construction of a new residence; or a tentative map or parcel map. 1024-014(C) Roney Request -Kennedy Avenue -Request to Change GP Designation from Agriculture to Rural Residential WALLY RONEY ADDRESSED THE BOARD. (47:35) REFER BACK TO GENERAL PLAN 2030 SUBCOMMITTEE AND THEN RETURN THE ITEM TO THE BOARD AT A FUTURE DATE. 1024-014(D) Airport Land Use Commission (ALUC) Recommendation - ALUC RECOMMENDS THE BOARD AMEND LU-A12.3 AS FOLLOWS: "IT IS RECOMMENDED THAT BUTTE COUNTY AND ALUC UPDATE THE BUTTE COUNTY AIRPORT LAND USE COMPATIBILITY PLAN. THE BOARD AGREEED TO THE RECOMMENDATION. PAGE 17 September 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER Z4, 2010 1024-014(E) Durham Dayton Nelson Plan and Chapman Mulberry Neiehborhood Plan THERE WAS BOARD CONSENSUS TO INCLUDE BOTH PLANS IN THE GENERAL PLAN 2030. 1024-014(F) ADDITIONAL PUBLIC COMMENT TERI FAULKNER ADDRESSED THE BOARD REGARDING HER PROPERTY ON COUTELENC ROAD IN MAGALIA AREA. SHE REQUESTED THAT HER PROPERTY'S DESIGNATION BE REMOVED FROM TIMBER MOUNTAIN DESIGNATION BOARD DIRECTED THIS ITEM BE REVIEWED BY THE GP SUBCOMMITTEE. DAN BREEDON, PRINCIPAL PLANNER WITH THE DEPARTMENT OF DEVELOPMENT SERVICES READ INTO RECORD AN AUGUST 24 LETTER SUBMMITTED TO DEVELOPMENT SERVICES FROM MICHAEL EVANS. THE BOARD REQUESTED THE FOLLOWING STATEMENT BE REVIEWED BY STAFF AND BE INCLUDED IN AN APPROPRIATE GENERAL PLAN 2030 DOCUMENT: THE BOARD CAN AND WILL CONSIDER ANY ISSUES THAT ARE BROUGHT FORWARD, AND IF MISTAKES HAVE BEEN MADE (IN THE GENERAL PLAN 2030), THE BOARD CAN HAVE STAFF INITIATE A GENERAL PLAN AMENDMENT WITHOUT ANY COST TO THE AFFECTED PROPERTY OWNER. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 3:25 P. M., TO RECONVENE AT A SPECIAL MEETING OF THE BOARD TO BE HELD MONDAY, SEPTEMBER 27, 2010 AT 9:00 A.M. BILL CONNELLY, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Paul Hahn, Chief Administrative Officer and Clerk of the Board By: PAGE 18 September 14, 2010