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HomeMy WebLinkAboutM092308BUTTE COUNTY BOARD OF SUPERVISORS MINUTES SEPTEMBER 23, 2008 :~, ~~e~\~11I I lll~l//i~ ~. ::~` ~.. ~~:.- r-_~ ~~ ~ ~ ;~ . - . County Supervisors ..,~ ~- Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Curt Josiassen, District 4 Kim Yamaguchi, District 5 C. Brian Haddix, Chief Administrative Bruce Alpert, County Counsel Officer and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 Called to order at 9:03 a.m. in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Connelly, Dolan, Yamaguchi, Kirk, and Chair Josiassen. Also present: C. Brian Haddix, Chief Administrative Officer; Bruce Alpert, County Counsel; and Kathleen Moghannam, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. CORRECTIONS AND~OR CHANGES TO THE AGENDA. (NONE) 08 2 1 -0 01 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 1. Northern Valley Catholic Social Services (NVCSS) - approval is requested for a sole source agreement with NVCSS for the provision of mental health services to children. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount payable of $146,965.50 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. SUPERVISOR KIRK REQUESTED TO REMOVE THIS ITEM FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. CONSENT AGENDA 0821-002 1. Budget Transfer - approval is requested to accept and appropriate $3,700 in unanticipated revenue from the Butte County Office of Education for Gridley's Friday Night Live Prevention program - action requested - APPROVE BUDGET TRANSFER B-42 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Behavioral Health) 2. Butte County Office of Education (BCOE) - approval is requested for a revenue agreement with BCOE for the provision of a full-time drug and alcohol/mental health counselor. The term of the agreement is October 1, 2008 through September 30, 2009 with a maximum amount receivable of $58,761 - 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-44 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Behavioral Health) PAGE 1 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 3. Budget Transfer - approval is requested for a budget transfer of $5,000 as detailed in the agenda report. These funds will be used for alcohol and drug treatment services available through the Mentally Ill Offender Crime Reduction grant - action requested - APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Behavioral Health) 4. Budget Transfer - approval is requested to accept and appropriate $30,000 in Substance Abuse and Mental Health Service Administration (SAMHSA) funds to be used for the purpose of enhancing evaluation tools of the Friday Night Live Mentoring Program - action requested - APPROVE BUDGET TRANSFER B-41 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Behavioral Health) 5. Laura Brunson - approval is requested for an employment agreement with Laura Brunson for the position of Human Resources Director. The initial term of the agreement is September 9, 2008 through September 8, 2011. The starting annual salary is $129,134 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Chief Administrative Officer) 6. Budget Transfer - approval is requested for a budget transfer in the amount of $278,250 as detailed in the agenda report. These funds will be used to replace the emergency generators at the Butte County Emergency Operations Center - action requested - APPROVE BUDGET TRANSFER B-39 ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Chief Administrative Officer) 7. The Ferguson Group, LLC - amendment - approval is requested for an amendment to the agreement with The Ferguson Group, LLC for the provision of legislative advocacy services for the County. The amendment extends the term of the agreement through September 30, 2009, 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) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Contract No. X15254)(Chief Administrative Officer) PAGE 2 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 8. Resolution Recognizing the Continuing Existence of Local Emergency Declarations and Authorizing a Letter to the State Requesting an Appeal of the Denial of a Major Disaster Declaration - approval is requested for a resolution recognizing the continuance of the local emergency declarations for the June 2008 Firestorm (Ophir-Humboldt fires) which began on June 10, 2008, and the June 2008 Butte Lightning Complex which began on June 21, 2008. Authorization is also requested for a letter to appeal the denial of the Major Federal Disaster Declaration - action requested - ADOPT RESOLUTION 08-127 AND AUTHORIZE THE CHAIR TO SIGN; APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO TAKE ALL ACTIONS TO SUPPORT THE APPEAL. (Chief Administrative Officer) 9 William Avery and Associates - approval is requested for an agreement with William Avery and Associates for the provision of labor relations services and labor negotiation services. The amendment extends the term of the agreement through June 30, 2009. The monthly amount payable remains the same at $3,600 - action requested -APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Officer) 10. George C. Hollister - amendment - approval is requested for an amendment to the agreement with George C. Hollister for the provision of legal services. The amendment increases the hourly rate to $250 effective September 1, 2008. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (County Counsel) 11. Daniel E. Dusina - amendment - approval is requested for an amendment to the agreement with Daniel E. Dusina who teaches Monthly Financial Management Classes for the Bad Check Unit. The amendment extends the term of the agreement to June 30, 2009 and increases the maximum amount payable by $3,900 (department budget). 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. (Contract No. X15134)(District Attorney) PAGE 3 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 12. Request to Retain Social Worker Supervisor Position Eliminated in the Fiscal Year (FY) 2008/2009 Budget - the Department requests to restore one Social Worker Supervisor position due to a $254,518 increase in a planning allocation received for the Child Welfare Services Outcome Improvement Project (CWSOIP) Approval is also requested to accept the unanticipated revenue as detailed in the agenda report - action requested - RESTORE ONE SUPERVISOR POSITION AS DETAILED IN AGENDA REPORT; AND APPROVE BUDGET TRANSFER B- 45(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. (Employment and Social Services) 13. The Regents of the University of California - Northern California Partnership for Safe and Stable Families (PSSF) - approval is requested for an agreement with The Regents of the University of California for the provision of project direction, facilitation services, technical assistance, and training. The term of the agreement is October 1, 2007 through September 30, 2010 with a maximum amount payable of $265,638 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) 14. Northern California Youth and Family Programs - amendment - approval is requested for an amendment to the agreement with Northern California Youth and Family Programs for the provision of the Transitional Housing Placement (THP-Plus) program which was established by the State to provide affordable housing and comprehensive supportive services for youths transitioning out of foster care and probation. The amendment extends the term of the agreement through June 30, 2009 and increases the maximum amount payable by $141,240 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) 15. Office of the District Attorney - approval is requested for an agreement with the Office of the District Attorney for the provision of investigative services. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount payable of $700,000 (department budget)- action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Employment and Social Services) PAGE 4 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 16. Promoting Safe and Stable Families Programs and Child Abuse Prevention, Intervention and Treatment Programs - amendments - approval is requested for four amendments to agreements with various providers for services in support of the Promoting Safe and Stable Families Programs and Child Abuse Prevention, Intervention and Treatment Programs. The terms of all agreements will be extended through June 30, 2009. Funding for all agreements is available within the department's budget. The amendments increase the maximum amount payable of each agreement as follows: 1) Northern Valley Catholic Social Service, an increase of $36,352; 2) Youth For Change, an increase of $109,420. 3) Northern California Youth and Family Programs, an increase of $46,070 4) Youth For Change, an increase of $40,800 - action requested - APPROVE AGREEMENT AMENDMENTS (4) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) 17. Town of Paradise Fire Department - approval is requested for an automatic aid agreement for fire protection with the Town of Paradise. The term of the agreement begins on August 14, 2008 and shall remain in full force until terminated by either party with a sixty day written notice. This agreement will render immediate automatic fire protection aid to provide more rapid responses to emergencies and shall supersede all prior agreements - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Fire) 18. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: CHIEF ADMINISTRATIVE OFFICE - deletes one (1) position of Risk Management Analyst, Senior or Risk Management Analyst (Class Codes 1029/1030). This change was included in the department's Fiscal Year 2008/2009 budget. This change will decrease the total allocated positions in budget unit 020 from 31 to 30. DEVELOPMENT SERVICES - requests to delete the following positions: two (2) positions of Supervisor, Building Inspector (Class Code 3307), one (1) position of Building Inspector, Senior or Building Inspector (Class Code 3309/3308), one (1) position of Building Plans Examiner or Building Inspector (Class Code 3306/3308) and one (1) position of Office Specialist, Senior or Office Specialist or Office Assistant (Class Codes 1055/1056/1057). These changes were included in the departments' Fiscal Year 2008/2009 budget. This change will decrease the total allocated positions in budget unit 440-001 from 42 to 37. EMPLOYMENT AND SOCIAL SERVICES - requests to delete the following positions effective October 1, 2008: two (2) positions of Account Clerk or Account Clerk, Senior (Class Codes 1286/1285); one (1) Supervisor, Information Systems Analyst (Class Code 1331); one (1) position of Supervisor, Support Services (Class Code 1053). In addition the PAGE 5 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 department requests to delete one (1) position of Program Manager, Employment and Social Services (Class Code 5303) effective October 11, 2008. These changes were included in the department's Fiscal Year 2008/2009 budget. This change will decrease the total allocated positions in budget unit 570-001 from 167 to 163; DESS also requests to delete the following positions effective October 1, 2008: two (2) positions of Eligibility Specialist (Class Code 5346). These changes were included in the department's fiscal year 2008/2009 budget. This change will decrease the total allocated positions in budget unit 570-003 from 211 to 209. It is also requested to delete the following positions effective October 1, 2008: four (4) positions of Social Worker, Senior or Social Worker or Social Worker, Associate (Class Codes 5333/5335/5336) and one (1) position of Supervisor, Social Work (Class Code 5331). These changes were included in the department's Fiscal Year 2008/2009 budget. This change will decrease the total allocated positions in budget unit 570-004 from 116 to 111. LIBRARY - requests to delete one (1) position of Information Systems Technician, Senior or Information Systems Technician or Information Systems Technician, Associate (Class Codes 1343/1344/1345). This change was included in the department's fiscal year 2008/2009 budget. This change will decrease the total allocated positions in budget unit 630 from 32.5 to 31.5 - action requested - ADOPT RESOLUTION 08-128 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 19. Introduction of a Salary Ordinance - the department has prepared a salary ordinance which incorporates changes from the Proposed Budget for Fiscal Year 2008/2009. The following is a summary of the proposed ordinance: SECTION 1: SUBJECT AND SHORT TITLE - Identifies the subject of the ordinance as determining salaries and positions, and that it shall be known as the "Salary Ordinance." SECTION 2 THROUGH 56: ALLOCATED POSITIONS - Identifies the number of positions and appropriate classifications authorized for each designated department or budget unit, by budget unit number and department name. The proposed changes in these sections are as follows: SECTION 57: SALARY PLAN FOR CLASSIFIED POSITIONS - Identifies the classified positions and the appropriate salary designation per classification by employee association unit. All salary tables now have the adjusted salaries that became effective on October 7, 2007. This is the effective date of the last cost of living adjustment (COLA) agreed upon with the respective bargaining units. SECTION 58: SALARY PLAN FOR ELECTED AND APPOINTED OFFICIALS - Identifies the appropriate salary designation for appointed and elected officials. Reference C, Board of Supervisors' Members reflects the salary after January 1, 2007. SECTION 59 PAYMENT OF SALARIES AND WAGES - Specifies salary and wage policies shall be in accordance with the Merit System Ordinance and Resolution, and when salaries are PAGE 6 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 to be paid. SECTION 60: REPEAL - Repeals the existing Salary Ordinance No. 3968, all amendments thereto, and any and all other inconsistent ordinances. SECTION 61: SEVERABILITY - The invalidity of any part of the ordinance shall not affect the remaining parts. SECTION 62: EFFECTIVE DATE AND PUBLICATION - The Salary Ordinance shall be in effect as of October 7, 2008. Within fifteen (15) days after its passage, a summary shall be published with names of those supervisors voting for and against it, a certified copy of the full text shall be posted in the Office of the Clerk of the Board of Supervisors - action requested - WAIVE READING OF THE ORDINANCE. (Human Resources) 20. Resolution Proclaiming Three Cups of Tea as the Book in Common for the County of Butte in 2008-2009 - 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 2008- 2009, Butte County Library and other community partners are collaborating with CSUC to expand the program throughout Butte County - action requested - ADOPT RESOLUTION 08-129 AND AUTHORIZE THE CHAIR TO SIGN. (Library) 21. First 5 Butte County Children and Families Commission (BCCFC) - Early Learning with Families (ELF) Grant - amendment - approval is requested for an amendment to the agreement with BCCFC to continue the existing ELF program and to expand the program to Gridley and Paradise. The amendment adjusts the budgets for individual years of the grant without changing the overall maximum amount payable of $55,000 and makes minor technical adjustments to the terms of the original agreement - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL; AND APPROVE RELATED BUDGET TRANSFER B-29 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Library) 22. First 5 Butte County Children and Families Commission (BCCFC) - Literacy Coach Grant - amendment - approval is requested for an amendment to the agreement with BCCFC for Literary Coach services. The amendment increases the maximum amount payable by $17,864 and makes minor technical adjustments to the terms of the original agreement - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL; AND APPROVE RELATED BUDGET TRANSFER B-30 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Library) PAGE 7 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 23. State of California Office of Traffic Safety (OTS) Grant - approval is requested to accept $368,306 in grant funds offered by OTS to continue a DUI supervision program. The grant is administered by San Diego County and an agreement is required. The term of the agreement is October 1, 2008 through September 30, 2010. Approval is also requested to use part of the grant funds for the purchase of a vehicle - action requested - APPROVE BUDGET TRANSFER B-47 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND AUTHORIZE FIXED ASSET PURCHASE OF A VEHICLE. (Probation) 24. Targeted Case Management Services - CSU Chico Research Foundation and the Butte County Public Guardian - approval is requested for agreements with the CSU Chico Research Foundation and the Butte County Public Guardian to serve as participating agencies for the provision of Targeted Case Management (TCM) Services as follows: 1) CSU Chico Research Foundation - the term of the agreement is July 1, 2007 through June 30, 2009 with a maximum amount payable of $97,195; and 2) Butte County Public Guardian - the term of the agreement is July 1, 2007 through June 30, 2009 with a maximum amount payable of $278,316 - action requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE RELATED BUDGET TRANSFER B-46 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Public Health) 25. Law Library 2007/2008 Annual Report - action requested - ACCEPT FOR INFORMATION. (Other Departments and Agencies) 26. Gridley Veterans Memorial Hall Committee - action requested - APPOINT MARION "AL" A. BYERS, ALTERNATE, VFW TO A TERM TO END JUNE 30, 2009. (Other Departments and Agencies) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.04 WHICH WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) DEREK WOLFGRAM, THE LIBRARY DIRECTOR ACCEPTED THE RESOLUTION RECOGNIZING THE BOOK IN COMMON, THREE CUPS OF TEA. PAGE 8 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 REGULAR AGENDA 0821-003 Boards, Commissions and Committees. 1. Appointments to Listed Vacancies. (NONE) 2. Board Member or Committee Reports. SUPERVISOR YAMAGUCHI REPORTED ON HIS ATTENDANCE AT BUTTE COUNTY BEHAVIORAL HEALTH BOARD. SUPERVISOR CONNELLY REPORTED ON HIS ATTENDANCE AT A CALIFORNIA STATE ASSOCIATION COUNTIES. HE REQUESTED THAT THE CHIEF ADMINISTRATIVE OFFICER PROVIDE A REPORT TO THE BOARD AT A FUTURE MEETING REGARDING PROPOSITIONS 2 AND PROPOSITION 6. SUPERVISOR CONNELLY REPORTED ON HIS ATTENDANCE AT A LAFCO MEETING. SUPERVISOR CONNELLY REPORTED THAT HE AND SUPERVISOR JOSIASSEN ATTENDED A ONE ON ONE MEETING WITH THE CITY OF OROVILLE. SUPERVISOR CONNELLY REPORTED THAT HE WAS APPOINTED TO THE NATIONAL ASSOCIATION OF COUNTIES TRANSPORTATION COMMITTEE. SUPERVISOR KIRK REPORTED THAT SHE ATTENDED THE FUND RAISER FOR CALFIRE VOLUNTEERS IN FOREST RANCH. SUPERVISOR DOLAN REPORTED ON HER ATTENDANCE AT THE SACRAMENTO RIVER CONSERVATION AREA FORUM. 0821-004 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. C. BRIAN HADDIX, CHIEF ADMINISTRATIVE OFFICER REPORTED THAT IT IS ANTICIPATED THAT THE GOVERNOR WILL BE SIGNING THE BUDGET TODAY. PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES WHO IS ALSO SERVING AS PLANNING SECTION CHIEF OF THE DISASTER RECOVERY OPERATIONS RELATED TO THE 2008 FIRES PROVIDED A REPORT TO THE BOARD. BRENDA RIGHTMYER FROM THE YANKEE HILL FIRE SAFE COUNCIL ADDRESSED THE BOARD. 1. Report by Chief Financial Officer on the State Budget Impacts to Butte County. GREG ITURRIA, CHIEF FINANCIAL OFFICER PROVIDED A REPORT REGARDING THE ESTIMATED IMPACTS OF THE STATE BUDGET. PAGE 9 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 RECESS: 10:04 A.M. RECONVENE: 10:14 A.M. PUBLIC HEARINGS AND TIMED ITEMS 0821-005 Public Hearing - Annual County Service Area Per Parcel Service Charges - consideration of a resolution adopting the per parcel service charges for the various County Service Areas for Fiscal Year 2008/2009 - action requested - OPEN PUBLIC HEARING TO ACCEPT ALL OBJECTIONS AND/OR PROTESTS; AND ADOPT A RESOLUTION 08-130 CONFIRMING THE COUNTY SERVICE AREA PER PARCEL SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 2008/2009 AND AUTHORIZE THE CHAIR TO SIGN. (From 8-19-08 [Item 3.02])(Auditor-Controller) PRESENTATION BY MARIA SOLIS FROM THE AUDITOR-CONTROLLER'S OFFICE. PUBLIC HEARING OPENED: 10:16 A.M. PUBLIC HEARING CLOSED: 10:16 A.M. MOTION: I MOVE TO ADOPT A RESOLUTION CONFIRMING THE COUNTY SERVICE AREA PER PARCEL SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 2008/2009 AND AUTHORIZE THE CHAIR TO SIGN. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) REGULAR AGENDA 0821-006 Update of General Plan 2030 Process by Director-Development Services. REPORT BY PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES. (1:15:07)(2518) PUBLIC HEARINGS AND TIMED ITEMS 0821-007 Public Hearing - Rehearing of an Appeal of Denial of Application of Grading Permit for Signalized Intersection West, LLC - GRD 06- 01 - On September 11, 2007, the Board of Supervisors denied the appeal of the Planning Commission's denial of a grading permit application for property located in the Butte Creek Canyon approximately two miles northeast of the Honey-Run Road and Centerville Road intersection (APNs 017-090-138 and 017-090-139). On April 22, 2008, the Board of Supervisors approved Resolution 08-052 which vacated and set aside its prior action. Staff recommends that the Board take one of the following actions: PAGE 10 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 0821-007 1) ADOPT A MOTION OF INTENT TO DENY THE APPEAL; TO DECLARE THE GRADING WAS DONE IN VIOLATION OF ARTICLE 1 OF CHAPTER 13 OF THE BUTTE COUNTY CODE; TO DECLARE SAID GRADING TO BE A PUBLIC NUISANCE; TO ORDER THE APPLICANT TO ABATE SAID NUISANCE; TO REMEDIATE THE GRADING WHICH HAS OCCURRED PURSUANT TO PLANS TO BE SUBMITTED TO AND APPROVED BY THE DEPARTMENT OF PUBLIC WORKS; AND TO INSTRUCT STAFF TO RETURN WITH A PROPOSED RESOLUTION OF SUCH ACTIONS WITH APPROPRIATE FINDINGS; -OR- 2) ADOPT A MOTION OF INTENT TO REMAND THE PROJECT TO THE PLANNING COMMISSION FOR PREPARATION OF THE APPROPRIATE BIOLOGICAL AND ARCHEOLOGICAL STUDIES, IF THE APPLICANT AGREES TO HAVE THESE STUDIES PREPARED AT THE APPLICANT'S EXPENSE; AND AFTER THESE STUDIES ARE PREPARED, HAVE PLANNING COMMISSION RECONSIDER THE APPLICATION FOR GRADING PERMIT; -OR- 3) ADOPT A MOTION OF INTENT DIRECTING STAFF TO RETURN WITH A PROPOSED RESOLUTION TO ADOPT THE MITIGATED NEGATIVE DECLARATION; TO GRANT THE APPEAL; AND TO APPROVE THE GRADING PERMIT SUBJECT TO CONDITIONS AND MITIGATION MEASURES IN EXHIBIT A OF THE JULY 12, 2007 PLANNING COMMISSION STAFF REPORT WITH APPROPRIATE FINDINGS. (Department of Development Services) PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES AND CHUCK THISTLEWAITE, PLANNING MANAGER ADDRESSED THE BOARD. ALL FIVE BOARD MEMBERS REPORTED MANN, BEN ALLEN, AND JIM ALLEN. THAT THEY HAVE RECEIVED NUMEROUS THIS PROJECT. EX PARTS COMMUNICATION WITH JIM ALL FIVE BOARD MEMBERS REPORTED PHONE CALLS AND LETTERS REGARDING PUBLIC HEARING OPENED: 10:27 A.M. PUBLIC HEARING CLOSED: 12:00 P.M. THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: JOHN LANE AND WILLIAM WARNS. RECESS: 11:05 A.M. RECONVENE: 10:16 A.M. THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: BEN ALLEN, JIM ALLEN, LINDA CIMINO, CAROLINE BURKETT, GEORGE MEDINA, LINDA CRUCES, PAT BERNEDO, AND CAL LING ADDRESSED THE BOARD. PAGE 11 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 MOTION: I MOVE TO ADOPT A MOTION OF INTENT TO DENY THE APPEAL; TO DECLARE THE GRADING WAS DONE IN VIOLATION OF ARTICLE 1 OF CHAPTER 13 OF THE BUTTE COUNTY CODE; TO DECLARE SAID GRADING TO BE A PUBLIC NUISANCE; TO ORDER THE APPLICANT TO ABATE SAID NUISANCE; TO REMEDIATE THE GRADING WHICH HAS OCCURRED PURSUANT TO PLANS TO BE SUBMITTED TO AND APPROVED BY THE DEPARTMENT OF PUBLIC WORKS; AND TO INSTRUCT STAFF TO RETURN WITH A PROPOSED RESOLUTION OF SUCH ACTIONS WITH APPROPRIATE FINDINGS. 2 M VOTE: 1 N 2 Y 3 Y 4 N 5 Y (MOTION CARRIED 3-2) THE BOARD DIRECTED THAT THIS ITEM RETURN FOR FINAL ADOPTION AT A FUTURE BOARD MEETING. COUNTY COUNSEL STATED THAT STAFF WILL REVIEW THE NEW MATERIALS RECEIVED AT THIS HEARING AND WILL TRY TO BRING THIS ITEM BACK IN TWO MEETINGS. REGULAR AGENDA 0821-008 Update Regarding Upcoming Butte County Code Amendments. REPORT BY PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES. 0821-009 Western Business Products (WBP) - amendment - approval is requested for an amendment to the agreement with WBP for copiers and related services. A Request for Proposals (RFP) has also been issued for these services, and it is expected this RFP will allow for the delivery of new copiers in early 2009. The amendment extends the term of the agreement through February 28, 2009, increases the monthly maximum amount payable by $14,362.50, and allows for the agreement to be extended on a month-to-month basis if the delivery and installation of new copiers is delayed -action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (General Services) MOTION: I MOVE TO APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PAGE 12 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2008 0821-010 Resolution Regarding Butte County's Lower Tuscan Aquifer Project and Approval of the Proposition 50 Agreement with the Department of Water Resources (DWR) - approval is requested for a resolution regarding California Environmental Quality Act (CEQA) requirements for this project funded through Proposition 50. Approval is also requested for a related agreement with the DWR - action requested - ADOPT RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE LOWER TUSCAN AQUIFER MONITORING, RECHARGE AND DATA PROJECT; AND APPROVE RELATED AGREEMENT WITH DWR. (From 9-9-08 [Item 5.01])(Department of Water and Resource Conservation) PRESENTATION BY PAUL GOSSELIN, DIRECTOR OF DEPARTMENT OF WATER AND RESOURCE CONSERVATION AND VICKIE NEWLIN, ASSISTANT DIRECTOR OF DEPARTMENT OF WATER AND RESOURCE CONSERVATION. (1:01:39)(**100) MOTION: I MOVE TO ADOPT RESOLUTION ADOPTING A MITIGATED NEGATIVE DECLARATION FOR THE LOWER TUSCAN AQUIFER MONITORING, RECHARGE AND DATA PROJECT; AND APPROVE RELATED AGREEMENT WITH DWR. 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. 0821-011 Northern Valley Catholic Social Services (NVCSS) - approval is requested for a sole source agreement with NVCSS for the provision of mental health services to children. The term of the agreement is July 1, 2008 through June 30, 2009 with a maximum amount payable of $146,965.50 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. SUPERVISOR KIRK REQUESTED TO REMOVE THIS ITEM FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. ED WALKER, INTERIM DIRECTOR OF THE DEPARTMENT OF BEHAVIORAL HEALTH ANSWERED QUESTIONS OF THE BOARD. MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 0821-012 Puszlc COMMENT LOREN FREEMAN ADDRESSED THE BOARD REGARDING THE ENVIRONMENTAL IMPACTS OF THE RECENT FIRES IN BUTTE COUNTY. PAGE 13 SEPTEMBER 23, 2008 BUTTE COUNTY BOARD OF SUPERVISORS CLOSED SESSION MINUTES -SEPTEMBER 23, 2008 0821-013 THE BOARD RECESSED AT 12:40 P.M. TO CLOSED SESSION REGARDING: ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) FOUR CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC); CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA; 3. DRY CREEK COALITION OF BUTTE COUNTY; BUTTE ENVIRONMENTAL COUNCIL, INC. V. BUTTE COUNTY, ET AL. (NEW ERA MINE); BUTTE COUNTY SUPERIOR COURT CASE NO. 144532; 4. PATRICK DICKIE V. COUNTY OF BUTTE; WORKERS COMPENSATION CLAIM NUMBER WCAB: RDG 125133. PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR/INTERIM DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR. THE BOARD RECONVENED AT 4:45 P.M. FROM CLOSED SESSION REGARDING: ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC. 54956.9(a) FOUR CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC); CASE NO. 08-519 USDC - DISTRICT OF COLUMBIA; 3. DRY CREEK COALITION OF BUTTE COUNTY; BUTTE ENVIRONMENTAL COUNCIL, INC. V. BUTTE COUNTY, ET AL. (NEW ERA MINE); BUTTE COUNTY SUPERIOR COURT CASE NO. 144532; 4. PATRICK DICKIE V. COUNTY OF BUTTE; WORKERS COMPENSATION CLAIM NUMBER WCAB: RDG 125133. PAGE 14 SEPTEMBER 23, 2008 PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING: GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER 2. BEHAVIORAL HEALTH DIRECTOR 3. CHIEF ADMINISTRATIVE OFFICER 4. CHIEF PROBATION OFFICER 5. CHILD SUPPORT SERVICES DIRECTOR 6. COUNTY COUNSEL 7. DEVELOPMENT SERVICES DIRECTOR 8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR 9. HUMAN RESOURCES DIRECTOR/INTERIM DIRECTOR 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 4:45 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, OCTOBER 23, 2008 AT 9:00 A.M. CURT JOSIASSEN, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: C. Brian Haddix, Chief Administrative Officer and Clerk of the Board By: