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Home My WebLink AboutM120809 BCBS UTTEOUNTYOARD OF UPERVISORS M INUTES D8,2009 ECEMBER County Supervisors Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Steve Lambert, District 4 Kim Yamaguchi, District 5 Scott Tandy, Interim Chief Bruce Alpert, County Counsel Administrative Officer and Clerk of the Board BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER Called to order at 9:05 a.m. in the Board of SupervisorsRoom, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly. Also present: Scott Tandy, Interim 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. /CA. C 0928-001 ORRECTIONS ANDORHANGES TO THE GENDA 1.Library Holiday Hours Adjustment - approval is requested to close library branches at 5:00 p.m. on December 24, 2009 and December 31, 2009. The Chico Branch would normally be open until 8:00 p.m., and the Paradise Branch would normally be open until 7:00 p.m. No other branches will be impacted - action requested - AUTHORIZE THE LIBRARY TO CLOSE AT 5:00 ON DECEMBER 24 AND DECEMBER 31, 2009.(Library) SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. A C ONSENTGENDA 0928-0021.Request of the Thompson Flat Cemetery District for a 3-Year Audit Period - The adoption of AB 2510 (La Malfa) in 2008 modified Government Code Section 26909(b)(3) which allowed special districts to replace the required annual audit with an audit to be conducted at specified intervals as recommended by the County Auditor. On October 27, 2009, the District Board of Trustees unanimously adopted a resolution requesting the extended audit period - action requested - UNANIMOUSLY APPROVE THOMPSON FLAT CEMETERY DISTRICT’S REQUEST FOR A 3-YEAR AUDIT PERIOD. (Auditor-Controller) 2.Resolution Recognizing Kenneth G. Wiley Upon His Retirement from Butte County - action requested - ADOPT RESOLUTION 09- 167 AND AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller) 3.Butte County Behavioral Health Board - action requested - APPOINT LAFAYETTE CLARK, COMMUNITY MEMBER AND KEVEN PARTRIDGE, CONSUMER MEMBER TO TERMS TO END DECEMBER 31, 2012. (Behavioral Health) D8,2009 P1ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 4.Best, Best, & Krieger - amendment - approval is requested for an amendment to the agreement with Best, Best, & Krieger for the provision of legal services related to administrative appeals and other areas requiring legal services. The amendment increases the maximum amount payable by $10,000 (department budget utilizing realignment funds). 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. X15943)(Behavioral Health) 5.Kelly Services, Inc. - amendment - approval is requested for an amendment to this agreement for the provision of payroll services for Behavioral Health consumers who are participating in work experience and training programs. The amendment increases the maximum amount payable by $25,000 (department budget utilizing Mental Health Services Act (MHSA) funds). 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. X17958)(Behavioral Health) 6.Country Villa Merced Behavioral Health - amendment - approval is requested for an amendment to this agreement for the provision of community mental health services for chronic mentally disordered patients. Because a client moved to another facility, this amendment decreases the maximum amount payable by $55,790.60 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X17873)(Behavioral Health) th Avenue Center - amendment - approval is requested for an 7.7 th amendment to the agreement with 7 Avenue Center which provides beds and services to Behavioral Health clients who are in need of 24-hour skilled nursing services. Because a client moved to another facility, this amendment decreases the maximum amount payable by $66,265 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X17872)(Behavioral Health) 8.Accept Unanticipated Revenue - approval is requested to accept and appropriate a total of $555,597 in unspent MHSA funds and Substance Abuse and Mental Health Services Administration (SAMHSA) funds from fiscal year 2008/2009. These funds are allowed to be carried over into fiscal year 2009/2010 - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Behavioral Health) D8,2009 P2ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 9.Accept Unanticipated Revenue - approval is requested to accept and appropriate $65,400 in MHSA Prevention and Early Intervention (PEI) Training, Technical Assistance, and Capacity Building funds - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Behavioral Health) 10.Youth With A Mission - amendment - approval is requested for an amendment to the facility use agreement with Youth With A Mission for the Youth Development Summit which was held at the Springs of Living Water Conference grounds on October 7- 10, 2009. The amendment increases the maximum amount payable by $2,224.26 (department budget utilizing State Department of Alcohol and Drug Program funds). The increase is a result of an increased number of registrants for the conference - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X17966)(Behavioral Health) 11.California Mental Health Services Authority (CMHSA) Resolution - On October 27, 2009, the Board of Supervisors adoptedResolution 09-154 which approved Butte County’s participation in CMHSA, which is a Joint Powers Authority (JPA) that has been developed to combine resources and efforts to perform administrative requirements and duties related to five statewide MHSA Prevention and Early Intervention Projects. On October 27, the staff report and the adopted resolution erroneously identified the JPA’S name. The department has submitted a corrected copy of the resolution for approval - action requested - RESCIND RESOLUTION NUMBER 09-154; AND ADOPT RESOLUTION 09-168 AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 12.Department of Alcohol and Drug Programs (ADP) - amendment - approval is requested for an amendment to the Combined Negotiated Net Amount (NNA) and Drug/Medi-Cal revenue agreement with ADP. The amendment increases the funding for fiscal year 2009/2010 by $21,844 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT RELATED RESOLUTION 09-169 AND AUTHORIZE THE CHAIR TO SIGN. (Behavioral Health) 13.Esplanade Enterprises, Inc. dba Merit Medi-Trans, Inc. - amendment - approval is requested for an amendment to the agreement with Esplanade Enterprises, Inc. for the provision of Emergent and Non-Emergent client transportation services. The amendment increases the maximum amount payable by $20,000 (department budget utilizing State Managed Care revenue) – action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X17822)(Behavioral Health) D8,2009 P3ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 14.First Responder Emergency and Medical Services, Inc. - approval is requested for an amendment to this agreement for the provision of emergent and non-emergent client transportation services. The amendment increases the maximum amount payable by $10,000 (department budget utilizing realignment funds) – action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X17902)(Behavioral Health) 15.Appointment of Sheriff-Coroner - Sheriff Perry Reniff announced his retirement effective December 30, 2009. The qualifications of Sheriff are detailed in Government Code Section 24004.3(a) which requires that the candidate either hold an advanced certificate issued by the Commission on Peace Office Standards and Training or meet one of four listed conditions outlining a combination of experience and education. At the November 10, 2009 Board of Supervisors meeting, a motion of intent was unanimously approved to appoint Captain Jerry Smith to the position of Sheriff- Coroner. Captain Smith holds the required advanced certificate and also meets the education and experience criteria - action requested - APPOINT CAPTAIN JERRY SMITH AS THE BUTTE COUNTY SHERIFF-CORONER EFFECTIVE DECEMBER 30, 2009. (Board of Supervisors) 16.Resolution Regarding the Salary and Benefits of Elected Officials - consideration of a resolution which details recommendations from the Compensation Committee - action requested - ADOPT RESOLUTION 09-170 AND AUTHORIZE THE CHAIR TO SIGN. (Board of Supervisors) 17.Resolution Regarding the Salary and Benefits of Appointed Department Heads - consideration of a resolution which details recommendations from the Compensation Committee - action requested - ADOPT RESOLUTION 09-171 AND AUTHORIZE THE CHAIR TO SIGN. 18.Letter of Support - Henri Brachais, Chief of CAL FIRE Butte Unit/Butte County Fire, has announced his retirement effective December 30, 2009. His successor will be selected by the Director of CAL FIRE. Deputy Chief George Morris has applied for the position. It is requested that the Board support the selection of George Morris for the CAL FIRE Butte Unit/Butte County Fire Chief position - action requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO SIGN.(Board of Supervisors) D8,2009 P4ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 19.Resolution Recognizing Karen Hellar Upon Her Retirement from Butte County - action requested - ADOPT RESOLUTION 09-172 AND AUTHORIZE THE CHAIR TO SIGN. (Board of Supervisors) 20.Appointment of Interim Chief Administrative Officer, Scott Tandy - ratification is requested for a temporary employment agreement with Scott Tandy for the position of Interim Chief Administrative Officer. The term of the agreement is for six months beginning November 23, 2009. The terms of the agreement include $20,000 per month in compensation and $4,000 per month to cover temporary living expenses - action requested - RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Chief Administrative Office) 21.Approval of Minutes - action requested - APPROVE MINUTES OF OCTOBER 27, 2009. (Chief Administrative Office) 22.Resolution Approving Applications for Funds Under the Help America Vote Act of 2002 - consideration of a resolution approving application for funds available through the Help America Vote Act (HAVA) of 2002 -action requested - ADOPT RESOLUTION 09-173 AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE COUNTY CLERK-RECORDER TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE APPLICATION. (Clerk- Recorder/Elections) 23.Approval of Agreement for Bruce S. Alpert, County Counsel - approval is requested a new agreement with Bruce S. Alpert for the position of County Counsel. The term of the agreement is December 8, 2009 through December 7, 2013 with a annual salary of $191,007 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (County Counsel) 24.Butte County Land Conservation Act Advisory Committee -action requested - APPOINT HOLLY FOSTER AS FARM BUREAU REPRESENTATIVE. (Development Services) D8,2009 P5ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 25.Request to Amend Conveyance of Development Rights and Open Area Easement - consideration of a request by David Chinchen for approval of an Amended Conveyance of Development Rights and Open Area Easement in order for the “Non-Development” Easement related to a 1981 homesite segregation reflects the changes to the legal description of the two parcels of land resulting from the approved Lot Line Adjustment LLA07-0006. The parcels are located west of the Nelson Avenue and Highway 99 intersection, east of the communities of Nelson and Richvale - action requested - APPROVE THE AMENDED CONVEYANCE OF DEVELOPMENT RIGHTS AND OPEN AREA EASEMENT. (Development Services) 26.New Williamson Act Contracts - approval is requested for six new Williamson Act contracts. The applicants’ names and applicable parcel numbers are: 1) Clinton and Gail Moffitt, APNs 025-130-018, 042 totaling 145 acres; 2) Robert and Betty Storm, APNs 021-060-001 totaling 105 acres; 3) Nosej Farms, APNs 022-050-022, 023 totaling 313 acres; 4) Joe Justeson, APN 021-050-031 totaling 127 acres; 5) Sean and Jennifer Fenn, APNs 038-100-013 and 038-110-001 totaling 1,267 acres; and 6) Johnson Family Farms, APNs 038-130-025, 027, 048, and 049 totaling 808 acres. Additional details are available in the agenda report - action requested - APPROVE THE WILLIAMSON ACT CONTRACTS WITH THE DETERMINATION THAT THE CONTRACTS ARE EXEMPT FROM CEQA UNDER CATEGORICAL EXEMPTION SECTION 15317. (Development Services) 27.Butte County District Attorney’s (DA) Office - approval is requested for an agreement with the DA’s office for the implementation of the In-Home Supportive Services Program Integrity and Fraud Investigations Plan. The term of the agreement is January 1, 2010 through June 30, 2010 with a maximum amount payable of $111,054. The Plan does require a County match of $32,244 from Contingencies. Approval is also requested for a fixed asset purchase in the amount of $20,000 for a mid-sized sedan which will be used by the DA investigators -action requested - 1) APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; 2) APPROVE BUDGET TRANSFERS (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND 3) AUTHORIZE THE FIXED ASSET PURCHASE OF A SEDAN. (Employment and Social Services) D8,2009 P6ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 28.Mooretown Rancheria - approval is requested for this revenue agreement for the provision of certain fire dispatch services within the Mooretown Rancheria. The term of the agreement is July 1, 2009 through June 30, 2012 with per call dispatch fees as follows: 1) $40 per incident in fiscal year (FY) 2009/2010; 2) $45 per incident in FY 2010/2011; and 3) $50 per incident in FY 2011/2012 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Fire) 29.Chico Veterans Memorial Hall Committee - action requested - APPOINT HENNIE VAN DE VELDE, DELEGATE AND RON MATHESON, ALTERNATE, CARING VETERANS INC. TO TERMS TO END JUNE 30, 2010. (General Services) 30.Surplus Vehicles - approval is requested to surplus a total of sixteen vehicles from various departments. As detailed in the agenda report, these vehicles are in need of costly repairs, are not currently working, or are obsolete - action requested - DECLARE SURPLUS THE VEHICLES DETAILED IN AGENDA REPORT AND REMOVE EACH FROM FIXED ASSET LEDGER. (General Services) 31.Resolution Authorizing Application for Assistance from the California Energy Commission (CEC) Energy Partnership Program - consideration of a resolution approving an application for technical assistance from CEC in preparing the application for an American Recovery & Reinvestment Act (ARRA) 1% loan - action requested - ADOPT RESOLUTION 09- 174 AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE APPLICATION. (General Services) 32.Resolution Authorizing the Submission of an Application to the Department of Housing and Urban Development (HUD) - consideration of a resolution approving an application for Economic Development Initiative funds. The funding has been appropriated to the County, but HUD requires the County submit a specific form - action requested - ADOPT RESOLUTION 09-175 AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO EXECUTE ALL NECESSARY DOCUMENTS RELATED TO THE APPLICATION. (General Services) 33.Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: D8,2009 P7ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER EMPLOYMENT AND SOCIAL SERVICES - requests to add one sunset position of Social Worker to end June 30, 2010. This position is being added for the In-Home Supportive Services (IHSS) Program Integrity and Fraud Investigation Services and will be funded by a combination of additional allocations received by the State and local discretionary matching funds, upon approval of the Board. This change will increase the total allocations in the department from 557.4 to 558.4. PUBLIC HEALTH - requests to delete the following positions: one-half position of Public Health Nurse, Senior/Public Health Nurse/Public Health Nurse, Associate/Staff Nurse, Senior/Staff Nurse/ Staff Nurse, Associate; one position of Medical Records Technician, Senior/Medical Records Technician; one position of Administrative Assistant; and one position of Public Health Education Specialist, Senior/Public Health Education Specialist/ Public Health Education Specialist, Associate. The Public Health Department also requests to add the following: three-quarter position of Public Health Nurse, Senior/Public Health Nurse/Public Health Nurse, Associate/Staff Nurse, Senior/Staff Nurse/ Staff Nurse, Associate; one position of Public Health Assistant, Senior/Public Health Assistant; one position of Financial Technician, Senior/Financial Technician; and one position of Supervisor, Public Health Education. Due to restructuring and shifting of duties within the department, the positions being added will more closely reflect the duties and tasks that need to be performed in the department. The positions being added will be funded by salary savings from the vacant positions being deleted. These changes will increase the total allocations in the department from 162.05 to 162.30. DISTRICT ATTORNEY - requests to add the following: one sunset position of Investigator II/I; and one sunset position of Investigative Assistant. Both positions will end June 30, 2010. These positions are being added to establish a fraud investigation component for the IHSS Program this is in conjunction with the Employment & Social Services Department. Funding for both positions will be provided by the Employment & Social Services Department per an MOU Agreement which will be funded with a combination of additional allocations received by the State and local discretionary matching funds, upon approval of the Board. These changes will increase the total allocations in the department from 83.5 to 85.5 - action requested - ADOPT RESOLUTION 09-176 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) D8,2009 P8ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 34.California Public Library Survey - submitted is the annual California Public Library Survey for fiscal year 2008/2009 - ACCEPT FOR INFORMATION. (Library) 35.Accept Unanticipated Revenue - approval is requested to accept $12,520 received through the Standards and Training for Corrections (STC) Program for required probation officer training - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Probation) 36.Clean King by DeHart - amendment - approval is requested for an amendment to the agreement with Clean King by DeHart for the provision of janitorial services at 82 Table Mountain Boulevard in Oroville, CA. The amendment extends the term of the agreement through June 30, 2010 and increases the maximum amount payable by $4,908 (department budget) - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X15863) (Public Health) 37.California Department of Public Health (CDPH) - approval is requested for a revenue agreement with CDPH to provide funding for the implementation of the pandemic H1N1 influenza vaccination program. The term of the agreement is July 31, 2009 through July 30, 2010 with a maximum amount receivable of $420,974 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Public Health) 38.Adoption of an OrdinanceAmending Article I, Entitled “Grading,” of Chapter 13, Entitled “Grading and Mining,” of the Butte County Code - consideration of a proposed ordinance which includes revisions to Section 13-5.1 which is a provision for a Determination of Exemption on grading projects of over 50 cubic yards but less than 1,000 cubic yards that do not qualify for a standard exemption - action requested - ADOPT ORDINANCE 4011 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 11-10-09 [Item 5.05])(Public Works) 39.Contract Change Order and Notice of Completion for Overlay of Midway from Richvale Highway to Western Canal, County Project No. AC-2009-01 - approval is requested for this change order which provides additional funding for the placement of pavement reinforcing fabric on the Richvale Highway and increases the original engineer’s estimate to reflect the quantities actually placed during the project. All contract work has been completed in accordance with the plans and specifications - action requested - 1) APPROVE CONTRACT CHANGE ORDER AND AUTHORIZE THE CHAIR TO SIGN; 2) ACCEPTCONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND 3) AUTHORIZE THE RECORDING OF THE D8,2009 P9ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER NOTICE OF COMPLETION.(Public Works) 40.Notice of Completion - Construction of Aguas Frias Road Bridge, County Project No. 23201-95-1 - All contract work has been completed in accordance with the plans and specifications - action requested - ACCEPT CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. (Public Works) 41.Award of Contract for Environmental Monitoring and Reporting Services for the Neal Road Recycling and Waste Facility - In October 2009, the Department of Public Works (DPW) released a Request for Proposals (RFP) for monitoring and report services at the Neal Road Recycling and Waste Facility. Six proposals were received and scored with URS Corp receiving the highest score. Staff recommends awarding the contract to URS Corp for a total cost of $211,327 - action requested - AWARD CONTRACT TO URS CORP SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT ON BEHALF OF THE COUNTY.(Public Works) 42.Professional Environmental Engineering Services for Development of Module 4, Phase D Base Liner for the Neal Road Recycling and Waste Facility, County Project 757-5917 - approval is requested to award a contract to Golder Associates, Inc. to provide a Module 4, Phase D Base Liner design. The proposed total cost is $39,511 (department budget) - action requested - AWARD CONTRACT TO GOLDER ASSOCIATES, INC. SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO EXECUTE THE AGREEMENT ON BEHALF OF THE COUNTY. (Public Works) 43.Resolution Approving and Adopting the Methodology for the Annual Anticipated Disadvantaged Business Enterprise (DBE) Participation Level of 13% for Federal Fiscal Year 2009/2010 - As a condition of receipt of federal funding for transportation projects, the County must adopt a DBE program in compliance with Title 49 CFR, Part 26. On May 5, 2009, Butte County adopted the California Department of Transportation (Caltrans) DBE Implementation Agreement (Exhibit 9-A) and is now required to adopt and submit the Annual Anticipated DBE Participation Level calculations and methodology (Exhibit 9-B) for FY 2009/2010 - action requested - ADOPT RESOLUTION 09-177 APPROVING AND ADOPTING EXHIBIT 9-B AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE DIRECTOR OF PUBLIC WORKS TO EXECUTE SUCH ADOPTION IN ORDER TO FACILITATE SUBMISSION TO CALTRANS FOR APPROVAL ON BEHALF OF BUTTE COUNTY. (Public Works) D8,2009 P10ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 44.Palm Crest Village Subdivision Reimbursement Agreement - the Community Housing Improvement Program (CHIP), as owner of a majority of the lots within the interior of the Palm Crest Village Subdivision in Thermalito, has constructed Park Way, West Way and portions of Crest Drive and Mountain Vista Drive to County standards and formed County Service Area No. 181 for maintenance of the drainage systems and street lighting. These improvements serve two lots (11 and 12) within the subdivision which are not owned by CHIP. CHIP and the owners have agreed to a reimbursement in the amount of $27,953 per lot prior to the issuance of development permits. The County will collect the per parcel amounts, temporarily deposit the funds into a restricted cash account, and then forward to CHIP for reimbursement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE CREATION OF RESTRICTED CASH ACCOUNT. (Public Works) 45.Resolution Recognizing Sheriff Perry Reniff Upon His Retirement from Butte County - action requested - ADOPT RESOLUTION 09-178 AND AUTHORIZE THE CHAIR TO SIGN. (Sheriff- Coroner) 46.Treasury Oversight Committee By-Laws - The Butte County Treasury Oversight Committee was established in April of 2000 to allow local agencies and the public to participate in the review policies that guide the investment of public funds. While the mandate for the existence of this committee was suspended by the State of California in 2004, the Treasurer’s office has elected to continue the program. In order to allow for increased flexibility and reduction in costs, the department has submitted amended By-Laws. These amendments were approved and adopted by the committee at their October 13, 2009 meeting - action requested - ACCEPT FOR INFORMATION. (Treasurer/Tax Collector) 47.Drought Status Report - The department has submitted this report which details the current drought situation in California and the Drought Task Force’s (DTF) priorities for drought response - action requested - ACCEPT FOR INFORMATION. (Water and Resource Conservation) 48.West Yost Associates - approval is requested for an agreement with West Yost Associates to begin the Integrated Regional Water Management Planning Process. The term of the agreement is December 14, 2009 through October 30, 2010 with a maximum amount payable of $49,943 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Water and Resource Conservation) D8,2009 P11ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 49.Durham Mosquito Abatement District - action requested - REAPPOINT STEVE GALE AND JOHN “JACK” AZEVEDO TO TERMS TO END DECEMBER 31, 2013. (Other Departments and Agencies) 50.Insufficient Nominee Appointments in Lieu of Election - Rock Creek Reclamation District - action requested - APPOINT PAUL BEHR AND BRUCE MCGOWAN AS TRUSTEES TO TERMS TO END DECEMBER 6, 2013. (Other Departments and Agencies) 51.Insufficient Nominee Appointments in Lieu of Election - Sacramento River Reclamation District - action requested - APPOINT PAUL BEHR PETER D. PETERSON AND BRUCE MCGOWAN RICHARD WRIGHT AS TRUSTEES TO TERMS TO END DECEMBER 6, 2013. (Other Departments and Agencies) MOTION:I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.35 WHICH WAS REMOVED FOR DISCUSSION ON THE REGULAR AGENDA AND WITH THE CORRECTIONS AS READ INTO RECORD. 2M VOTE:1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) P . RESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA 1.Resolution Recognizing Karen Hellar Upon Her Retirement from Butte County. 2.Resolution Recognizing Kenneth G. Wiley Upon His Retirement from Butte County. 3.Resolution Recognizing Sheriff Perry Reniff Upon His Retirement from Butte County. (13:49) CHAIR CONNELLY INTRODUCED BUTTE COUNTY’S NEW SHERIFF, JERRY SMITH AND SCOTT TANDY, THE NEW INTERIM CHIEF ADMINISTRATIVE OFFICER. RECESS: 9:25 A.M. RECONVENE: 9:30 A.M. D8,2009 P12ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER PHTI UBLICEARINGS AND IMEDTEMS 0928-003Timed Item - Presentation by a Representative from the California Department of Consumer Affairs (DCA) Regarding Available Services - action requested - ACCEPT FOR INFORMATION. PRESENTATION BY MICHAEL LAFFERTY, DCA OUTREACH MANAGER. RA EGULARGENDA 0928-004Boards, Commissions and Committees. 1.Appointments to Listed Vacancies. (None) 2.Board Member or Committee Reports. (None) SUPERVISOR YAMAGUCHI REPORTED ON A MEETING OF THE SIERRA NEVADA CONSERVANCY IN KERNVILLE. (28:26) SUPERVISOR KIRK REPORTED THAT SHE PARTICIPATED IN THE CANDLELIGHT WALK FOR THE CHILD ABUSE PREVENTION COUNCIL AND THE MARY ANNE HOUX AND FRANK WATERS CHILDREN’S FUND. (29:25) 0928-005Update of General Plan 2030 Process by Director-Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. 0928-006Update Regarding Upcoming Butte County Code Amendments. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. D8,2009 P13ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER PHTI UBLICEARINGS AND IMEDTEMS 0928-007Commission’s Recommendation of Denial Of General Plan Amendment (GPA) 06-0002, Rezone (REZ) 06-0004) and Tentative Subdivision Map (TSM) 06-0011 (Jones) - consideration of a recommendation for denial for a General Plan Amendment from Orchard & Field Crops to Agricultural Residential; a Rezone from Agriculture 20-acre minimum to Suburban Residential 1-acre minimum; and a Tentative Subdivision Map to divide two parcels into 46 single-family lots and with a community septic system. The project site is bounded by Durham-Dayton Highway to the north, Burdick Road to the south, and Turner Lane to the east and is located west of the community of Durham. This item was continued open from September 15, 2009 at the request of the applicant - action requested - ADOPT RESOLUTION 09-179 DENYING THE GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP WITH FINDINGS AS DETAILED IN THE AGENDA REPORT. (Department of Development Services) PRESENTATION BY MARK MICHELENA, PLANNER AND CHUCK THISTLEWAITE, PLANNER MANAGER WITH THE DEPARTMENT OF DEVELOPMENT SERVICE. PUBLIC HEARING OPENED: 9:55 A.M. PUBLIC HEARING CLOSED:10:15 A.M. KAREN REID, EARL DECKER, AND CHUCK JONES ADDRESSED THE BOARD. (56:27) MOTION:I MOVE TO ADOPT RESOLUTION DENYING THE GENERAL PLAN AMENDMENT, REZONE, AND TENTATIVE SUBDIVISION MAP WITH FINDINGS AS DETAILED IN THE AGENDA REPORT. 2 M VOTE:1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 0928-008Continued Public Hearing - Appeal of Planning Commission’s Denial of Tentative Parcel Map (TPM08-0007) for South Oroville Land Development, LLC - consideration of an appeal to divide two parcels, totaling 732 acres into 28 parcels ranging in size from 20 to 52 acres. The project site is located east of Palermo with access to the site off of Cox Lane. Staff recommends denial of the appeal. This item was continued open from November 10, 2009 due to a error on the original public hearing notice - action requested - ADOPT RESOLUTION DENYING THE APPEAL WITH FINDINGS AS DETAILED IN THE AGENDA REPORT. (Department of Development Services) D8,2009 P14ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER PRESENTATION BY MARK MICHELENA, PLANNER AND CHUCK THISTLEWAITE, PLANNER MANAGER WITH THE DEPARTMENT OF DEVELOPMENT SERVICES. SCOTT PERKINS ADDRESSED THE BOARD. HE REQUESTED THAT THE BOARD NOT MAKE A DETERMINATION ON THIS PROJECT AT THIS TIME AS HE REQUESTED ADDITIONAL TIME TO WORK WITH STAFF TO DETERMINE HOW TO CREATE AN ACCESS TO NORTH OF THE PROJECT. HE STATED THAT THEY HAVE PURCHASED ADDITIONAL PROPERTY SINCE THE PLANNING COMMISSION’S DECISION THAT COULD ALLOW THAT ACCESS. PUBLIC HEARING OPENED:CONTINUED OPEN FROM NOVEMBER 10, 2009 PUBLIC HEARING CLOSED:10:30 A.M. MOTION:I MOVE TO HONOR MR. PERKIN’S REQUEST TO SEND THE APPLICATION BACK TO STAFF AND THE PLANNING COMMISSION TO REVISIT HIS REQUEST. M2 VOTE:1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 0928-009Public Hearing - Proposed Fee Increases in the Clerk-Recorder, Elections and Probation Departments - consideration of a resolution to adopt proposed fee increases following recent passage of SB676, which allows fee increases in the Clerk- Recorder’s Office and Juvenile Hall as detailed in the agenda report. The Clerk-Recorder/Elections Office is also recommending a number of increases as a result of an updated time study and cost of service data. Along with the requested fee increases, approval is requested for an ordinance to remove the specific fee amounts in the Butte County Code as fees are now reflected in the Master Fee Schedule established on March 24, 2009 -action requested - ADOPT RESOLUTION 09-181 AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT ORDINANCE 4012 AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office) PRESENTATION BY KEVIN TAGGART, MANAGEMENT ANALYST WITH FINANCE AND RISK MANAGEMENT. PUBLIC HEARING OPENED:10:35 A.M. PUBLIC HEARING CLOSED:10:35 A.M. MOTION:I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. M 2 VOTE:1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) D8,2009 P15ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER 0928-010Update on Current Budget and Legislative Issues by the Chief Administrative Officer. SCOTT TANDY, INTERIM CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT TO THE BOARD. RECESS:10:40 A.M. RECONVENE:10:48 A.M. HTI P UBLICEARINGS AND IMEDTEMS 0928-011Timed Item - Fire and Emergency Response Services Funding Options - The Board of Supervisors has directed staff to explore options for funding countywide fire and emergency response services. A report will be provided that addresses funding options for these services - action requested - ACCEPT FOR INFORMATION AND PROVIDE DIRECTION TO STAFF AS NEEDED. (Chief Administrative Office) PRESENTATION BY SHARI MCCRACKEN AND ANDY PICKETT, DEPUTY ADMINISTRATIVE OFFICERS. CHAIR CONNELLY REQUESTED THAT THIS ITEM RETURN ON THE AGENDA FOR THE SPECIAL MEETING SCHEDULED FOR MONDAY, DECEMBER 14, 2009, AND HE STATED THE BOARD WILL PROVIDE DIRECTION ON THAT DAY. A R EGULARGENDA 0928-012Accept Unanticipated Revenue from the American Recovery and Reinvestment Act (ARRA) Stimulus Funds for Implementation of Subsidized Employment Programs - approval is requested to accept $3,500,000 in unanticipated revenue to be used for the Subsidized Employment Program which will allow for payments to employers or third parties to help provide for costs of employee wages, benefits, supervision, and training. This program is self-funding and will not require the use of any County discretionary funds. DESS currently has an agreement with the Private Industry Council (PIC) for the provision of Assessment Testing; Work Experience Site Development and Enhancement Services; and supportive services for CalWORKS Welfare-to-Work participants. Approval is also requested for a related amendment to the agreement with PIC for the implementation of the Subsidized Employment Program and to extend the term of the agreement through September 30, 2010 - action requested - APPROVEBUDGET TRANSFER(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- D8,2009 P16ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER CONTROLLER. (Department of Employment and Social Services) PRESENTATION BY CATHI GRAMS, DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES. (1:53:10) MOTION:I MOVE TO APPROVE BUDGET TRANSFER(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 2M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 0928-013Items Removed from the Consent Agenda for Board Consideration and Action. 1.Library Holiday Hours Adjustment - approval is requested to close library branches at 5:00 p.m. on December 24, 2009 and December 31, 2009. The Chico Branch would normally be open until 8:00 p.m., and the Paradise Branch would normally be open until 7:00 p.m. No other branches will be impacted - action requested - AUTHORIZE THE LIBRARY TO CLOSE AT 5:00 ON DECEMBER 24 AND DECEMBER 31, 2009.(Library) SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. MOTION:I MOVE TO AUTHORIZE THE LIBRARY TO CLOSE AT 5:00 ON DECEMBER 24 AND DECEMBER 31, 2009. 2M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) C P (None) 0928-014 UBLICOMMENT 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. Recessed at 11:25 A.M. as the Butte County Board of Supervisors and Convene as the In-Home Supportive Services Public Authority Board. D8,2009 P17ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER BC UTTEOUNTY I-HSS NOMEUPPORTIVEERVICES PAB UBLICUTHORITYOARD M INUTES D8,2009 ECEMBER Called to Order at 11:25 p.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. AI GENDATEMS 0904-001Resolution to Amend Resolution Number 2003-03 By Deleting an Allocated Position - consideration of a resolution to delete one position of Public Authority Services Specialist. This change will decrease the total allocations in the department from 5 to 4 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION:I MOVE TO ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. M2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) P (None) UBLIC COMMENT Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board is prohibited from taking action on any item not listed on the agenda. THEBOARDRECESSEDAT11:25A.M.TOCLOSEDSESSIONREGARDING : 0904-002CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATOR:CATHI GRAMS/LAURA BRUNSON/JACK HUGHES EMPLOYEE ORGANIZATION: CUHW THISCLOSEDSESSIONITEMWASHEARDCONTEMPORANEOUSLYWITHTHEBUTTE COUNTYBOARDOFSUPERVISORSCLOSEDSESSIONITEMS. THEBOARDRECONVENEDAT1:37P.M.FROMCLOSEDSESSIONREGARDING : CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATOR:CATHI GRAMS/LAURA BRUNSON/JACK HUGHES EMPLOYEE ORGANIZATION: CUHW D8,2009 P18ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER A DJOURNMENT Adjourned at 1:37 p.m. as the Butte County In-Home Supportive Services Public Authority Board and reconvene as the Butte County Board of Supervisors. CS 0928-015 LOSEDESSION THE BOARD RECESSED AT 11:25 A.M. TO CLOSED SESSION REGARDING: PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON EMPLOYEE ORGANIZATION:BCEA, BCMEA, CWA, DSA - MANAGEMENT/SUPERVISORY UNIT, DSA - GENERAL UNIT, BCCOA - SUPERVISORY UNIT, BCCOA - GENERAL UNIT, PPOA, AND PEA. 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 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) - FOUR CASES 1.LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2.SALERNO V. COUNTY OF BUTTE, USDC CASE 07-2157; 3.DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET AL.; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532; AND 4.WILLIAMS V. BUTTE COUNTY SUPERIOR COURT CASE NO. 137329. D8,2009 P19ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER THISCLOSEDSESSIONITEMWASHEARDCONTEMPORANEOUSLYWITHTHEIN-HOME SUPPORTIVESERVICESPUBLICAUTHORITYBOARDCLOSEDSESSIONITEMS. THE BOARD RECONVENED AT 1:37 P.M. FROM CLOSED SESSION REGARDING: PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54957.6: LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON EMPLOYEE ORGANIZATION:BCEA, BCMEA, CWA, DSA - MANAGEMENT/SUPERVISORY UNIT, DSA - GENERAL UNIT, BCCOA - SUPERVISORY UNIT, BCCOA - GENERAL UNIT, PPOA, AND PEA. 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 10. INFORMATION SERVICES DIRECTOR 11. LIBRARY DIRECTOR 12. PUBLIC HEALTH DIRECTOR 13. PUBLIC WORKS DIRECTOR 14. WATER AND RESOURCE CONSERVATION DIRECTOR. ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) - FOUR CASES 1.LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2.SALERNO V. COUNTY OF BUTTE, USDC CASE 07-2157; 3.DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET AL.; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532; AND 4.WILLIAMS V. BUTTE COUNTY SUPERIOR COURT CASE NO. 137329. (No Announcements) D8,2009 P20ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER PHTI UBLICEARINGS AND IMEDTEMS 0928-016Timed Item - Consideration of Adjustments to the General Plan 2030 Land Use Designations in the Concow and Yankee Hill Communities - The Concow Citizens’ Committee for General Plan 2030 and the Golden Feather Community Alliance have requested further review concerning land use designations in their communities -action requested - TAKE PUBLIC COMMENT AND PROVIDE DIRECTION TO STAFF AS NEEDED. (Department of Development Services) PRESENTATION BY DAN BREEDON, PRINCIPAL PLANNER WITH DEPARTMENT OF DEVELOPMENT SERVICES. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: DOT MORRIS, PEGGY MOAK, SARAH SALZBURY, THOMAS GORK, MANDY PYLE, BONNIE MASEREK, SUSAN BEELER, LARRY SMITH, DEE HUNTER, ERIC ALMQUIST, LAUREL POSSUM PIERCE, JOHNNY CASPER, AND RICHARD BROWN BOARD DIRECTION: REQUEST #1A - REPLACE THE “RESOURCE CONSERVATION GP 2030 DESIGNATION FOR THE CONCOW STUDY AREA WITH “FOOTHILL RESIDENTIAL,” WHICH ALLOWS A RANGE OF 1-40-ACRE PARCELS. STAFF RECOMMENDS RE-DESIGNATION OF THE “RESOURCE CONSERVATION” GENERAL PLAN 2030 DESIGNATION LOCATED IN THE CONCOW STUDY AREA TO A “FOOTHILL RESIDENTIAL” DESIGNATION ON THE BUTTE COUNTY GENERAL PLAN 2030 LAND USE MAP. MOTION:I MOVE TO ACCEPT STAFF RECOMMENDATION. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) REQUEST #1B - DEFINE THE “FOOTHILL RESIDENTIAL” GENERAL PLAN DESIGNATION TO ALSO ALLOW AGRICULTURAL USES AND SUPPORT ACTIVITIES. STAFF RECOMMENDS THE BOARD CONSIDER EITHER 1) CHOOSE TO IMPLEMENT A UNIQUE AGRICULTURAL OVERLAY FOR THE CONCOW/YANKEE HILL COMMUNITIES TO BE BROUGHT BACK FOR FINAL APPROVAL ON JANUARY 19 AND 21, 2010 BOARD/PLANNING COMMISSION MEETINGS, OR 2) CHANGE THE “FOOTHILL RESIDENTIAL” DESIGNATION TO ALLOW FOR A VARIETY AGRICULTURAL USES FOR FURTHER CONSIDERATION AT THE JANUARY 19 AND 21, 2010 BOARD/PLANNING COMMISSION MEETINGS. MOTION:I MOVE DIRECT STAFF TO PROVIDE ADDITIONAL DETAIL CONCERNING AGRICULTURAL USES UNDER “FOOTHILL RESIDENTIAL” ZONING. M2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) D8,2009 P21ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER REQUEST #2A - CHANGE THE “TIMBER MOUNTAIN” GP DESIGNATION FROM A 160-ACRE MINIMUM PARCEL SIZE TO ALLOW 40-160 ACRE MINIMUMS. STAFF RECOMMENDS THE BOARD NOT ADOPT THE REQUESTED CHANGE FOR THE “TIMBER MOUNTAIN” GENERAL PLAN DESIGNATION FROM 160-ACRE MINIMUM PARCEL SIZES TO ALLOW A RANGE OF 40-160-ACRE MINIMUM PARCEL SIZES. MOTION:I MOVE TO DIRECT STAFF TO WORK WITH THE GOLDEN FEATHER GENERAL PLAN 2030 TEAM TO DETERMINE WHAT PARCELS MIGHT APPROPRIATELY BE CHANGED FROM “TIMBER MOUNTAIN” GENERAL PLAN DESIGNATION TO “FOOTHILL RESIDENTIAL.” M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) REQUEST #2B - ALLOW SECOND DWELLING UNITS IN THE “TIMBER MOUNTAIN GP 2030 DESIGNATION. STAFF RECOMMENDS THE BOARD INSTRUCT STAFF TO REVIEW THE “TIMBER MOUNTAIN” GENERAL PLAN DESIGNATION AND THE EXISTING “TIMBER MOUNTAIN” ZONES AND PROVIDE A RECOMMENDATION CONCERNING THE ALLOWANCE OF SECOND DWELLINGS UNDER THE “TIMBER MOUNTAIN” GENERAL PLAN DESIGNATION AT THE JANUARY 19 AND 21, 2010 BOARD/PLANNING COMMISSION MEETINGS. ALTERNATIVELY THE BOARD COULD TAKE NO ACTION WHICH WOULD CONTINUE TO PROHIBIT SECOND DWELLING UNITS IN THE “TIMBER MOUNTAIN” GENERAL PLAN DESIGNATION. MOTION:I MOVE TO DIRECT STAFF TO CONTINUE TO WORK WITH THE CONCOW/YANKEE HILL TEAM TO LOOK AT WHERE THEY BELIEVE “TIMBER MOUNTAIN” ZONES ARE APPROPRIATE. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) REQUEST #3 - IMPLEMENT EXISTING ZONING FOR THE CONCOW AND YANKEE HILL COMMUNITIES; PROVIDE MEDIUM DENSITY RESIDENTIAL ZONING FOR CAMELOT SUBDIVISION. STAFF RECOMMENDS NO ACTION AS MEETING SERIES #8 WILL BE DEVOTED TO THE ZONING ORDINANCE AND THE ZONING MAP WILL BE REVIEWED AT THAT TIME. THE BOARD DID NOT TAKE ANY ACTION ON THIS ITEM. REQUEST #4 - DEER HERD OVERLAY - MODIFY DESIGNATED DEVELOPMENT ZONES (DDZ) TO FOLLOW PROPERTY LINES; INCLUDE DDZ FOR BIG BEND AREA. THE BOARD DID NOT TAKE ANY ACTION ON THIS ITEM. D8,2009 P22ECEMBER AGE BCBSM-D8,2009 UTTEOUNTY OARD OF UPERVISORS INUTESECEMBER REQUEST #5 - ALLOW FOR STREAMLINED, LOW COST, ALTERNATIVE PERMITTING PROCESS. THE BOARD DID NOT TAKE ANY ACTION ON THIS ITEM. REQUEST #6 - IMPLEMENT A COMMERCIAL DESIGNATION SUITABLE FOR RURAL AREAS TO ALLOW A MIX OF RESIDENTIAL, OFFICE, RETAIL, FOOD SERVICE, ASSEMBLY, AND LIGHT MANUFACTURING. MOTION:I MOVE TO DIRECT THAT STAFF WORK ON THEIR RECOMMENDATIONS TO REVIEW THE LIST OF EXISTING COMMERCIALZONES FOR APPROPRIATE GP 2030 DESIGNATIONS; UPDATE RETAIL/OFFICE GP 2030 DESIGNATIONS TO INCLUDE LIMITED RESIDENTIAL USES AND DEVELOP A RURAL COMMERCIAL ZONE DURING ZONING ORDINANCE UPDATE. M2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) : A THERE BEING NO FURTHER BUSINESS BEFORE DJOURNMENT THE BOARD, THE MEETING WAS ADJOURNED AT 3:25 P.M., TO RECONVENE AT A SPECIAL MEETING OF THE BOARD TO BE HELD MONDAY, DECEMBER 14, 2009 AT 9:00 A.M. ______________________ BILL CONNELLY, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Scott Tandy, Interim Chief Administrative Officer and Clerk of the Board By:____________________________ D8,2009 P23ECEMBER AGE