HomeMy WebLinkAboutM102610BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
0
0
o~
,o
October 26, 2010
~~T?~F
o~
0
0
o
o~
UN
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
1030-001
OCTOBER 26, 2010
Called to order at 9:08 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.
1. Fixed Asset Purchase -requests to purchase replacement rotor blades fora 1972 helicopter
from California Rotor Support at a cost of $98,025 -action requested -APPROVE FIXED
ASSET PURCHASE (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS; AND
AUTHORIZE THE FIXED ASSET PURCHASE.
THIS ITEM WAS REMOVED FROM THIS AGENDA. NO ACTION WAS TAKEN ON THIS ITEM.
2. Ratification of Emergency Material Removal and Bank Stabilization Contract -Grading in
violation of Chapter 13 of the Butte County Code has been performed on APN 017-060-027.
Because the owner of the site continued working after the Department issued a stop work
notice, the County has obtained an injunction preventing the owner from doing additional
work on the site. The work done to date presents a significant threat to Butte Creek and
the endangered spring run salmon. In order to prevent environmental harm, the court
issued a preliminary injunction which includes the implementation of an emergency
stabilization plan. The injunction also orders that the owner of the site guarantee payment
for the implementation of the plan in the amount of $55,000. This work will be undertaken
by R & R Horn under contract with the county -action requested -RATIFY THE EMERGENCY
AGREEMENT WITH R & R HORN EXECUTED BY PUBLIC WORKS ON BEHALF OF THE COUNTY.
(Public Works)
SUPERVISOR KIRK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
1030-002 CONSENT AGENDA
1. Resolution Recognizing the 30th Annual Farm City Celebration -action requested -ADOPT
RESOLUTION NO. 10-146 AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture)
Board of Supervisors Minutes PAGE 1
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 26, 2010
2. Cherokee Restoration Fellowship -agreement with Cherokee Restoration Fellowship which
provides long-term residential services and alcohol and drug free housing. The term of the
agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of
$36,918.02 (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)
3. Skyway House -amendment to the agreement with Skyway House for alcohol and drug
treatment programs. The amendment increases the maximum amount payable by
$72,333.10 (department budget utilizing various grant funds) -action requested -APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health)
4. Butte County Office of Education (BCOE) -agreement with BCOE to implement an "Early
Intervention Systems for Youth" task force. The term of the agreement is November 1, 2010
through October 31, 2011 with a maximum amount payable of $27,000 (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)
5. State of California Department of Alcohol and DruE ProErams -Safe and DruE Free Schools
and Communities -approval is requested for a revision to this revenue agreement in order to
allocate funding for Fiscal Year (FY) 2010-2011, which is Project Year 4. The amount
receivable for FY 2010-2011 is $150,000 (department budget) -action requested -APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Behavioral Health)
6. Resolution Supporting the California Emer~in~ Technology Fund (CETF) and the Get
Connected! Program -The CETF is anon-profit corporation established pursuant to order
from the California Public Utilities Commission in approving mergers of SBC-AT & T and
Verizon-MCI in 2005. Get Connected! is a comprehensive statewide public awareness
program that educates targeted populations about the economic and social benefits of
broadband connectivity -action requested -ADOPT THE RESOLUTION NO. 10-147 AND
AUTHORIZE THE CHAIR TO SIGN. (Supervisor Connelly)
7. 2011 Board of Supervisors ReEular MeetinE Calendar -action requested - APPROVE AND
ADOPT 2011 REGULAR BOARD MEETING CALENDAR, AMENDING IF NEEDED. (Chief
Administrative Office)
8. Paul Gosselin -employment agreement with Paul Gosselin as the Director of Water and
Resource Conservation. The term of the agreement is November 27, 2010 through November
26, 2013 with an annual salary of $131,067, which is the same rate as the prior term -action
requested -APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office)
Board of Supervisors Minutes PAGE 2
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 26, 2010
9. Budgetary Adjustment -due to timing of grant funding, a budgetary adjustment is necessary to
reflect Homeland Security Grant Program and the Interoperability Emergency Communications
Grant Program funds that were awarded in prior years but will be received and spent in Fiscal
Year 2010-2011. The requested adjustment includes the FY 2008 Homeland Security Grant
Program ($16,510), the FY 2009 Interoperability Emergency Communications Grant Program
($182,128) and the FY 2009 Homeland Security Grant Program ($137,294). Examples of how the
funding will be used include training, updating the County's Emergency Operations Plan,
purchase of an Incident Command Vehicle communication package (fixed asset), and a
narrowband project and interoperability assessment for the counties that comprise the North
Area Region -action requested -APPROVE BUDGETARY ADJUSTMENT AND AUTHORIZE FIXED
ASSET PURCHASE OF VEHICLE COMMUNICATION PACKAGE. (Chief Administrative Office)
10. Approval of Minutes -submitted are minutes for the meetings of September 27, 2010; October
12, 2010 and October 14, 2010 -action requested -APPROVE MINUTES. (Chief Administrative
Office)
11. Request for County BuildinE Permit Fee Waiver -Patrick Ranch, 10831 Midway Avenue (APN 039-
060-088 -Far West Heritage Association, anon-profit organization, has submitted a request for
waiver of county-wide impact fees to modify the interior of an existing 5,430 square-foot ranch
building. This facility is part of a larger collection of buildings and ranch property that represent
the Patrick Ranch Museum. The total estimate of county fees for this is $12, 072, not including
any applicable school district or parks and recreation district fee or other non-county fees
required at the time of the building permit. The Far West Heritage Association has requested
waiver of only the county-wide impact fees totaling $5,394.10. There may be minor adjustments
to the fee as calculated with the actual building permit application. Pursuant to Butte County
Code 1-18, the Board can waive certain fees for anon-profit charitable organization -action
requested -APPROVE REQUEST FOR WAIVER OF COUNTY-WIDE IMPACT FEES. (Development
Services)
12. Butte County Behavioral Health Department (BCDBH) -amendment to the agreement with the
BCDBH for alcohol and other drug, mental health, and domestic abuse treatment services to
CaIWORKS participants. The amendment increases the maximum amount payable by $900,116
(utilizing MHSA funds) and provides for an additional payment of $100,000 to the BCDBH if
CaIWORKS funds are available at the end of the fiscal year. There is no impact to the General
Fund -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and
Social Services)
13. Butte County Department of Behavioral Health (BCDBH) -agreement with BCDBH for mental
health and/or alcohol and drug treatment services for children, parents and family members who
are at risk of child abuse and in need of prevention or intervention services. The term of the
agreement is July 1, 2010 through June 30, 2011. BCDBH will provide $227,307 in services and
DESS will provide $400,000 in services - action requested -APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Employment and Social Services)
Board of Supervisors Minutes PAGE 3
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 26, 2010
14. Surplus Property -the department requests approval to surplus the following vehicles or
equipment: 1) Console-8 Channel Remote; 2) Two 1998 Ford Expeditions; 3) Power Hawk Rescue
Equipment; 4) 1972 Fire Engine; 5) 1973 Fire Engine; and 6) 1997 Ford Expedition. The items no
longer meet the needs of the department and can be sold at a future auction or sale -action
requested -DECLARE VEHICLES AND EQUIPMENT SURPLUS; AND REMOVE EACH FROM THE
FIXED ASSET LEDGER. (Fire)
15. Ratify SiEnature for AEreement with the Charis Youth Center - in accordance with Section 8.14 of
the County's Contracts and Purchasing Policies and Procedures, ratification is requested on behalf
of the Behavioral Health Department for the agreement with the Charis Youth Center where work
was performed prior to a fully executed agreement being obtained. Behavioral Health and
General Services staff worked with Charis Youth Center from March through the end of
September 2010 to obtain an agreement that was acceptable to both parties. The County was
required to execute the agreement prior to October 1, 2010, in order to bill Medi-Cal for the costs
incurred in March 2010, therefore the General Services Contracts Manager signed the contract -
action requested -RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (General Services)
16. Resolution to Amend the Salary Ordinance -The resolution will amend the salary ordinance as
follows:
CHILD SUPPORT -requests to delete two Child Support Assistant sunset positions that were
previously scheduled to end June 30, 2011. The positions are being deleted earlier than expected
due to the elimination of projects that were assigned to these positions. These changes will
decrease the total allocations in the department from 112.5 to 110.5.
DISTRICT ATTORNEY -requests to add one position of Investigator II/I. This position will be
funded for the next three years by the COPS Methamphetamine Inventive Grant. This position
will work with the Drug Endangered Children Program. This change will increase the total
allocations in the department from 84.5 to 85.5.
BEHAVIORAL HEALTH -requests to delete one vacant position of Medical Records Technician,
Senior/Medical Records Technician and add one flexibly staffed positions of Office Specialist,
Senior/Office Specialist/Office Assistant. The allocation is being moved from Clinical to
Administrative Support to better fit the needs of the department. There is no salary increase or
decrease associated with this change. In addition the department requests delete one Behavioral
Health Counselor II/I position and add one flexibly staffed position of Staff Nurse, Senior/Staff
Nurse/Staff Nurse, Associate. This change will allow greater flexibility and increase medical care
in the department.
The department also requests to add one flexibly staffed position of Administrative Analyst,
Senior/Administrative Analyst/Administrative Analyst, Associate and one flexibly staffed position
of Financial Technician, Senior or Financial Technician. Once these positions are filled via an
internal recruitment, the vacated positions will then be deleted at a later meeting. These changes
will allow for greater flexibility of duties within the department without increasing staffing and
without increasing costs by a significant amount. These changes will increase the total allocations
in the department from 304.75 to 306.75 initially until the two vacated positions are eliminated
Board of Supervisors Minutes PAGE 4
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
at a later date.
OCTOBER 26, 2010
PUBLIC HEALTH: The Public Health Department is requesting to delete one (1) vacant position of
Supervisor, Public Health Education and add one (1) flexibly staffed position of Administrative
Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate. This change is being
made due to restructuring and shifting of duties within the department. In addition the
department requests to add one (1) flexibly staffed position of Public Health Nurse, Senior/Public
Health Nurse/Public Health Nurse, Associate/Staff Nurse, Senor/Staff Nurse/Staff Nurse,
Associate. This position will be assigned to the new Options for Recovery program and will be
fully funded by grants. These changes will increase the total allocations in the department from
159.1 to 160.1 -action requested -ADOPT RESOLUTION NO. 10-148 AND AUTHORIZE THE CHAIR
TO SIGN. (Human Resources)
17. T-Mobile AEreement - In the early 1990's the Federal Government elected to auction-off
portions of the microwave spectrum to the private sector due to increased consumer demand for
wireless communication devices (cell phones, wireless devices, etc.). The spectrum licensed to
the Butte County microwave system was affected by this sale and was purchased by T-Mobile. T-
Mobile wants to begin transitioning the County off the spectrum in accordance with FCC
guidelines, which require T-Mobile to replace/relocate existing County microwave infrastructure
with as good as/or better than what is in current use -APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Information Systems)
18. Library Donations -The Library has received the following donations for books: $1,025 from
Chico Friends of the Library; $1,200 from Oroville Friends of the Library; $2,467.50 from an
anonymous source; and $200 from Maudie Penney -action requested -ACCEPT DONATIONS
AND AUTHORIZE LETTERS OF APPRECIATION. (Library)
19. Northern Valley Indian Health (NVIH) -agreement with NVIH for services related to the Women,
Infants and Children (WIC) program. The term of the agreement is October 1, 2010 through
September 30, 2011 with a maximum amount payable of $25,600 (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. (Public Health)
20. California Health Collaborative -agreement with California Health Collaborative to assist the
Public Health Department to meet the State approved Work Plan and Objectives for the Tobacco
Education Program. A request for qualifications (RFQ) was issued to approximately 20
organizations and was due by August 31, 2010. The California Health Collaborative was the sole
responder to the RFQ and met all the requirements. The term of the agreement is October 26,
2010 through June 30, 2013 with a maximum amount receivable of $123,060 (department
budget utilizing State funds) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Public Health)
Board of Supervisors Minutes PAGE 5
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 26, 2010
21. Butte County Public Law Library 2009 Annual Report -action requested -ACCEPT FOR
INFORMATION. (Other Departments and Agencies)
MOTION: I MOVE TO ADOPT THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.22 WHICH WAS
REMOVED FROM THE AGENDA WITH NO ACTION AND WITH THE EXCEPTION OF ITEM 3.21 WHICH
WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PRESENTATION OF RESOLUTION ADOPTED ON THE CONSENT AGENDA
REGULAR AGENDA
1030-003 Boards, Commissions and Committees
1. Appointments to Listed Vacancies (NONE)
SUPERVISOR DOLAN RECOGNIZED BARNEY FLYNN JR. FOR HIS SERVICE TO THE PEOPLE OF
BUTTE COUNTY. HE HAD SERVED AS AN ORIGINAL MEMBER OF THE RESOURCE
CONSERVATION DISTRICT. MR. FLYNN PASSED AWAY ON OCOTBER 10, 2010.
2. California State Association of Counties Board of Directors -action requested -APPOINT
REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO A ONE YEAR TERM BEGINNING
NOVEMBER 16, 2010.
MOTION: I MOVE TO APPOINT SUPERVISOR KIRK AS PRIMARY REPRESENTATIVE AND SUPERVISOR
LAMBERT AS ALTERNATE REPRESENTATIVE.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 6
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS OCTOBER 26, 2010
1030-004 Board Member or Committee Reports
SUPERVISOR YAMAGUCHI REPORTED THAT THE BEHAVIORAL HEALTH BOARD HAS MOVED
THEIR REGULAR MEETINGS TO THE 3RD WED OF EVERY MONTH FROM 2:45 TO 5:00 P.M.
1030-005 Update of Current Budget and Legislative Issues by the Chief Administrative Officer.
PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. (19:05)
1030-006 Ameresco Butte County LLC - On August 10, 2010, Ameresco reported to the Board of
Supervisors on the landfill gas to energy project at the Neal Road Recycling and Waste facility.
It was reported that there was not as much landfill gas as initially anticipate, and Ameresco
proposed to temporarily downsize the project until sufficient gas quantity was developed to
meet the company's original model. At the Board's direction, county staff has negotiated an
amendment to the original agreement. The proposed amendment provides the term
extension, revised royalty payments, and assurances related to certain milestones -action
requested - APPROVE AGREEMENT AMENDMENT TO THE LANDFILL GAS PURCHASE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND AUDITOR-CONTROLLER. (Public Works)
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, PROVIDED A REPORT.
MOTION: I MOVE TO APPROVE AGREEMENT AMENDMENT TO THE LANDFILL GAS PURCHASE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND AUDITOR-CONTROLLER.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PUBLIC HEARINGS AND TIMED ITEMS
1030-007 Public HearinE -Appeal of Encroachment Permit Denial (No. PW10-0042) -consideration of an
appeal of the denial of an encroachment permit for the property located at 2001 Dayton
Road, Chico CA (APN 039-090-081). Cummings-Violich, Inc. wants to place natural gas lines
under Dayton Road to power two pumps located on two separate parcels. Staff
recommended denial of this appeal due to safety concerns -action requested - UPHOLD
PUBLIC WORKS' DECISION AND DENY APPEAL. (Public Works)
SHAWN O'BRIEN, ASSISTANT DIRECTOR OF PUBLIC WORKS PROVIDED A REPORT.
PUBLIC HEARING OPENED: 9:35 A.M.
PUBLIC HEARING CLOSED: 9:40 A.M.
Board of Supervisors Minutes PAGE 7
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 26, 2010
THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: JENNIFER GODDARD AND MIKE
DUDLEY.
MOTION: I MOVE TO UPHOLD THE APPEAL WITH THE FOLLOWING CONDITIONS: 1) THE OWNER MUST
OBTAIN A CERTIFICATE OF INSURANCE TO REDUCE COUNTY LIABILITY (36:11) AND 2) ENCASE
THE GAS LINE IN A STEEL OR IRON PIPELINE FOR SAFETY REASONS.
2 M
VOTE: 1 Y 2 Y 3 N 4 Y 5 Y (MOTION CARRIED 4-1)
1030-008 Public HearinE -Itemized Cost of Nuisance Abatement for 680 Siskiyou Avenue, Oroville, APN
031-171-028 (CE08-0121) -This property was abated by the County between April 22 and
May 12, 2010 -action requested -APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN
THE AMOUNT OF $16,114.50 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)
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT.
LISA LAM, SUPERVISOR FROM THE TREASURER/TAX COLLECTOR'S OFFICE PROVIDED
INFORMATION REGARDING THE LIEN PAYMENT PROCESS.
THE BOARD REQUESTED STAFF PROVIDE A WRITTEN REPORT TO DETERMINE IF AND HOW
THE LIENS FOR NUISANCE ABATEMENTS CAN BE HANDLED IN THE SAME OR SIMILAR
MANNER THAT LOANS ARE HANDLED FOR COMMUNITY DEVELOPMENT BLOCK GRANTS.
PUBLIC HEARING OPENED: 10:00 A.M.
PUBLIC HEARING CLOSED: 10:00 A.M.
MOTION: I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF
$16,114.50 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.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1030-009 Timed Item -Matter On Which a Public HearinE Has Been Held and Closed and Motion of
Intent Adopted -Paradise Summit TSM08-0006 and PUD08-0001 (Wyckoff) -The Board of
Supervisors continued this matter to October 26, 2010. Another continuance is needed to
review additional issues pertaining to this project -action requested -CONTINUE ITEM TO
FUTURE BOARD OF SUPERVISORS MEETING. (Department of Development Services)
MOTION: I MOVE TO CONTINUE THIS ITEM TO NOVEMBER 23, 2010 AT 11:00 A.M.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 8 October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
REGULAR AGENDA
OCTOBER 26, 2010
1030-010 Compliance with Superior Court RulinE in SiEnalized Intersection West, LLC vs. Butte County
Board of Supervisors, et al -Butte County Superior Court Case No. 145636 (APNs 017-090-138
and 017-090-139) - As a result of the Ruling on the Petition for Writ of Mandate filed by Butte
County Superior Court on July 14, 2010 and the Judgment Granting Petition for Writ of
Mandate and Peremptory Writ of Mandate filed on August 26 2010 regarding Resolution 08-
151 which was adopted November 4, 2008 denying GRD06-01 for the applicant, Signalized
Intersection West, LLC. The Peremptory Writ of Mandate directs Butte County to file a
return to the Court demonstrating compliance by November 9, 2010 and requires the County
to set aside Resolution 08-151 and reconsider Signalized Intersection West's grading permit
application -actions requested -
1. ADOPT RESOLUTION NO. 10-149 TO SET ASIDE AND VACATE RESOLUTION 08-151
DENYING GRADING PERMIT APPLICATION (GRD06-01);
2. DIRECT PLANNING DIVISION TO EVALUATE ALL RELEVANT ISSUES AND REVISE THE
MITIGATED NEGATIVE DECLARATION PREPARED FOR GRD 06-01 AS NECESSARY; AND
3. SCHEDULE A PUBLIC HEARING FOR DECEMBER 14, 2010 IN ORDER TO RECONSIDER
GRD 06-01. (Department of Development Services)
PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT TO
THE BOARD. (55:52)
BRUCE ALPERT, COUNTY COUNSEL PROVIDED A REPORT.
MOTION: I MOVE TO ADOPT RESOLUTION TO SET ASIDE AND VACATE RESOLUTION 08-151 DENYING
GRADING PERMIT APPLICATION (GRD06-01); DIRECT PLANNING DIVISION TO EVALUATE ALL
RELEVANT ISSUES AND REVISE THE MITIGATED NEGATIVE DECLARATION PREPARED FOR GRD
06-01 AS NECESSARY; AND SCHEDULE A PUBLIC HEARING FOR DECEMBER 14, 2010 IN ORDER
TO RECONSIDER GRD 06-01. (1:05:26)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 9
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS OCTOBER 26, 2010
1030-011 Items Removed from the Consent Agenda for Board Consideration and Action.
Ratification of EmerEency Material Removal and Bank Stabilization Contract -Grading in
violation of Chapter 13 of the Butte County Code has been performed on APN 017-060-027.
Because the owner of the site continued working after the Department issued a stop work
notice, the County has obtained an injunction preventing the owner from doing additional
work on the site. The work done to date presents a significant threat to Butte Creek and the
endangered spring run salmon. In order to prevent environmental harm, the court issued a
preliminary injunction which includes the implementation of an emergency stabilization plan.
The injunction also orders that the owner of the site guarantee payment for the
implementation of the plan in the amount of $55,000. This work will be undertaken by R & R
Horn under contract with the county -action requested - RATIFY THE EMERGENCY
AGREEMENT WITH R & R HORN EXECUTED BY PUBLIC WORKS ON BEHALF OF THE COUNTY.
(Public Works)
SUPERVISOR KIRK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR
DISCUSSION ON THE REGULAR AGENDA.
MIKE CRUMP, DIRECTOR OF PUBLIC WORKS AND SHAWN O'BRIEN, ASSISTANT DIRECTOR OF
PUBLIC WORKS PROVIDED A REPORT.
MOTION: I MOVE TO RATIFY THE EMERGENCY AGREEMENT WITH R & R HORN EXECUTED BY PUBLIC
WORKS ON BEHALF OF THE COUNTY.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PUBLIC COMMENT (None)
Comments to the Board on issues and items not listed on the agenda. Presentations will be
limited to five minutes. Please note that pursuant to California state law, the Board of
Supervisors is prohibited from taking action on any item not listed on the agenda. (NONE)
RECESS
Recessed at 10:30 a.m. as the Butte County Board of Supervisors and convened as
the Thompson Flat Cemetery District Board of Directors.
Board of Supervisors Minutes PAGE 10
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF DIRECTORS
MINUTES
CICTOBER 26, 2010
OCTOBER 26, 2010
1005-001 Called to order at 10:30 a.m. in the Butte County Board of Supervisors Room, 25 County
Center Drive, Oroville. Members present: DOlan, Kirk, Lambert, Yamaguchi and Chair
Connelly. Also present: Assistant Clerk, Kathleen Moghannam.
AGENDA ITEMS- (NO Items)
PUBLIC COMMENT (None)
Comments to the Board on issues and items not listed on the agenda. Presentations will be
limited to five minutes. Please note that pursuant to California state law, the Board is
prohibited from taking action on any item not listed on the agenda.
ADJOURNMENT
Adjourned at 10:30 a.m. as the Thompson Flat Cemetery District Board of Directors and
convened as the Butte County In-Home Supportive Services Public Authority Board.
Board of Supervisors Minutes PAGE 11
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
BUTTE COUNTY
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
CICTOBER 26, 2010
OCTOBER 26, 2010
Called to order at 10:31 a.m. in the Butte County Board of Supervisors Room, 25 County
Center Drive, Oroville. Members present: Dolan, Kirk, Lambert, Yamaguchi and Chair
Connelly. Also present: Assistant Clerk, Kathleen Moghannam.
1008-001 CONSENT AGENDA
Eva Stafford -employment agreement with Eva Stafford as Public Authority Supervisor.
The term of the agreement begins November 1, 2010 -action requested -APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND AUDITOR-CONTROLLER.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PUBLIC COMMENT (None)
Comments to the Board on issues and items not listed on the agenda. Presentations will
be limited to five minutes. Please note that pursuant to California state law, the Board is
prohibited from taking action on any item not listed on the agenda.
ADJOURNMENT
Adjourned at 10:32 a.m. as the In-Home Supportive Services Public Authority Board and
reconvened as the Butte County Board of Supervisors.
Board of Supervisors Minutes PAGE 12
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
1030-012 CLOSED SESSION
THE BOARD RECESSED AT 10:35 A.M. TO CLOSED SESSION REGARDING:
OCTOBER 26, 2010
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA -MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA -SUPERVISORY UNIT,
BCCOA -GENERAL UNIT.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) -TWO CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. COUNTY OF BUTTE V. BESSOLO, SUPERIOR COURT CASE NO. 151667.
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(b)(1) -TWO
POTENTIAL CASES
THE BOARD RECONVENED AT 1:30 P.M. FROM CLOSED SESSION REGARDING:
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
LABOR NEGOTIATORS: JACK HUGHES & BRIAN RING
EMPLOYEE
ORGANIZATIONS: BCEA, SSW, BCMEA, PPOA, PEA,
DSA -MANAGEMENT/SUPERVISORY UNIT,
DSA-GENERAL UNIT,
BCCOA -SUPERVISORY UNIT,
BCCOA -GENERAL UNIT.
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) -TWO CASES:
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. COUNTY OF BUTTE V. BESSOLO, SUPERIOR COURT CASE NO. 151667.
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(b)(1) -TWO
POTENTIAL CASES. (No Announcements)
Board of Supervisors Minutes PAGE 13
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS OCTOBER 26, 2010
1030-013 Public HearinE -Butte County General Plan 2030 -consideration of final actions needed for the
adoption of Butte County General Plan 2030 -actions requested -
1. CERTIFY THE DRAFT BUTTE COUNTY GENERAL PLAN 2030 FINAL ENVIRONMENTAL IMPACT
REPORT (PIER) PURSUANT TO CEQA;
2. ADOPT BUTTE COUNTY GENERAL PLAN 2030;
3. ADOPT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND
MITIGATION MONITORING AND REPORTING PLAN PURSUANT TO CEQA;
4. APPROVE ASSOCIATED AMENDMENTS TO THE NORTH CHICO SPECIFIC PLAN.
5. APPROVE ASSOCIATED AMENDMENTS TO THE STRINGTOWN MOUNTAIN SPECIFIC PLAN;
6. APPROVE A GENERAL PLAN AMENDMENT TO THE HOUSING ELEMENT AND ASSOCIATED
ADDENDUM TO THE NEGATIVE DECLARATION;
7. APPROVE THE GENERAL PLAN 2030 ACTION PLAN; AND
8. DIRECT STAFF TO INITIATE A GENERAL PLAN AMENDMENT SOLELY TO CONSIDER THE RE-
DESIGNATION OF APPROXIMATELY 4,566 ACRES OF LAND CURRENTLY DESIGNATED
AGRICULTURE TO RURAL RESIDENTIAL IN THE BIGGS, GRIDLEY, AND PALERMO AREAS.
(Department of Development Services)
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT
DAN BREEDON, PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES PROVIDED A REPORT. (18:14)
TANYA SUNDBERG WITH DESIGN, COMMUNITY AND ENVIRONMENT (DC&E) PROVIDED A REPORT.
(52:43)
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION PROVIDED A REPORT. (54:36)
PUBLIC COMMENT
THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: TONY ST. AMANT, AMANDA
PYLE, ROBERT BOYLE, RICK SWITZER (1:34:42), TERE LAWRENCE, TANYA DUNLAP, ROBIN HUFFMAN
(1:40:04), DESIREE HATTON, RICHARD HARRIMAN (1:49:17), ANTHONY TORREANO, LISA CREAMER
O'DONNELL
RECESS: 3:46 P.M.
RECONVENE: 3:54 P.M.
PUBLIC COMMENT (COn't)
BILLIE RONEY, BARBARA HENNIGAN (2:13:36), GRACIE MARVIN, SEAN HORNING, AND JOHN SCOTT.
Board of Supervisors Minutes PAGE 14
October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 26, 2010
PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION ANSWERED QUESTIONS
FROM THE BOARD. (2:28:02)
1030-014 A. CERTIFICATION OF THE DRAFT BUTTE COUNTY GENERAL PLAN 2030 FINAL EIR REPORT
PURSUANT TO CECI.A. (Resolution No. 10-150)
MOTION: I MOVE TO CERTIFY THE DRAFT BUTTE COUNTY GENERAL PLAN 2030 FINAL ENVIRONMENTAL
IMPACT REPORT WITH THE AMENDMENTS AS READ INTO RECORD.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (MOTION CARRIED 4-1 )
1030-015 B. ADOPTION OF FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS. AND
MITIGATION MONITORING AND REPORTING PLAN PURSUANT TO CECI.A. (Resolution No. 10-
151)
MOTION: I MOVE TO ADOPT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND
MITIGATION MONITORING AND REPORTING PLAN PURSUANT TO CEQA AS READ INTO RECORD.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (MOTION CARRIED 4-1)
1030-016 C. ADOPTION OF BUTTE COUNTY GENERAL PLAN 2030. (Resolution No. 10-152)
MOTION: I MOVE TO ADOPT BUTTE COUNTY GENERAL PLAN 2030.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (MOTION CARRIED 4-1 )
1030-017 D. APPROVAL ASSOCIATED AMENDMENTS TO THE NORTH CHICO SPECIFIC PLAN.
(Resolution No. 10-153)
MOTION:
I MOVE TO APPROVE THE ASSOCIATED AMENDMENTS TO THE NORTH CHICO SPECIFIC PLAN.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1030-018 E. APPROVAL OF ASSOCIATED AMENDMENTS TO THE STRINGTOWN MOUNTAIN SPECIFIC PLAN.
(Resolution No. 10-154)
MOTION: I MOVE TO APPROVE THE ASSOCIATED AMENDMENTS TO THE STRINGTOWN MOUNTAIN SPECIFIC
PLAN.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Board of Supervisors Minutes PAGE 15 October 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
OCTOBER 26, 2010
1030-019 F. DIRECTION TO STAFF TO INITIATE A GENERAL PLAN AMENDMENT SOLELY TO CONSIDER THE RE-
DESIGNATION OF APPROXIMATELY 4.566 ACRES OF LAND CURRENTLY DESIGNATED
AGRICULTURE TO RURAL RESIDENTIAL IN THE BIGGS. GRIDLEY. AND PALERMO AREAS.
(Resolution No. 10-155)
MOTION: I MOVE TO DIRECT STAFF TO INITIATE A GENERAL PLAN AMENDMENT SOLELY TO CONSIDER THE RE-
DESIGNATION OF APPROXIMATELY 4,566 ACRES OF LAND CURRENTLY DESIGNATED AGRICULTURE
TO RURAL RESIDENTIAL IN THE BIGGS, GRIDLEY, AND PALERMO AREAS. (3:02:46)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY )
1030-020 G. APPROVAL OF THE GENERAL PLAN AMENDMENT TO THE HOUSING ELEMENT AND ASSOCIATED
ADDENDUM TO THE NEGLATIVE DECLARATION. (Resolution No. 10-156)
I MOVE TO APPROVE GENERAL PLAN AMENDMENT TO THE HOUSING ELEMENT AND ASSOCIATED
MOTION: ADDENDUM TO THE NEGLATIVE DECLARATION.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1030-021 H. APPROVAL OF THE GENERAL PLAN 2030 ACTION PLAN. (Resolution No. 10-157)
MOTION: I MOVE TO APPROVE THE GENERAL PLAN 2030 ACTION PLAN.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS
BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT
4:55 P.M., TO RECONVENE AT A REGULAR MEETING OF
THE BOARD OF SUPERVISORS TO BE HELD TUESDAY,
NOVEMBER 9, 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:
Board of Supervisors Minutes PAGE 16
October 26, 2010