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HomeMy WebLinkAboutM121410BUTTE COUNTY BOARD OF SUPERVISORS MINUTES December 14, 2010 /° 0 0 o~ ~o 6F oUN o~ 0 0 o o~ 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 DECEMBER Z4, ZO1O Called to order at 9:03 a.m. in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly. Also present: Paul Hahn, Chief Administrative Officer; Bruce Alpert, County Counsel; and Kathleen Moghannam, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. CORRECTIONS AND~OR CHANGES TO THE AGENDA (NONE) CONSENT AGENDA 1034-001 1. California Department of Food and AEriculture (CDFA) -agreement with CDFA to implement the Federal Emergency Order restricting interstate movement of nursery stock and conduct emergency response activities as a result of detections of Sudden Oak Death in nurseries. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable to $37,519 (department budget) -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Agriculture) 2. Butte County Behavioral Health Board -action requested -APPOINT NEAL CLINE AS COMMUNITY MEMBER TO A VACATED TERM TO END DECEMBER 31, 2011. (Behavioral Health) 3. Steiner Medical Re~istry, Inc. dba Western Medical Re~istry -agreement with Matthew Steiner, M.D. for psychiatric services. The term of the agreement is December 20, 2010 through June 30, 2011 with a maximum amount payable of $78,400 (department budget) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 4. Northern Valley Catholic Social Service (NVCSS) -amendment to the agreement with NVCSS for low-cost or free mental health, housing vocational and support services to individuals and families. The amendment increases the maximum amount payable by $17,462.06 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) Board of Supervisors Minutes PAGE 1 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, ZO1O 5. Thomas Michael Buckley, M.D. -agreement with Thomas Michael Buckley, M.D. for psychiatric services. The term of the agreement is November 19, 2010 through June 30, 2011 with a maximum amount payable of $61,250 (department budget) -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 6. Pat Rowen Customized Landscape and Maintenance -amendment to the agreement with Pat Rowen for landscaping services at the Butte County Department of Behavioral Health Psychiatric Health Facility. The amendment extends the term of the agreement to June 30, 2011 and increases the maximum amount payable by $3,800 (department budget) -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Behavioral Health) 7. Gridley Guardians -revenue agreement with Gridley Guardians for a training for staff from the Department of Behavioral Health, Chico Unified School District and and Gridley School District for the purpose of reducing alcohol and drug abuse among students. The term of the agreement is July 29, 2010 through June 30, 2011 with a maximum amount receivable of $1,602.95 (department budget) -action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required). (Behavioral Health) 8. Gary Bess Associates -amendment to the agreement with Gary Bess Associates for the addition of a new consultation project which will provide supportive services to the Youth Early Intervention Task Force project. The amendment extends the term of the agreement to June 30, 2011 and increases the maximum amount payable to $21,000 (department budget) -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 9. Netsmart Technologies -amendment to the agreement with Netsmart Technologies for the annual renewal of electronic medical record software. The amendment extends the term of the agreement through June 30, 2011 and increases the maximum amount payable by $106,932.80 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 10. Butte County Probation Department -agreement with Butte County Probation for services related to the Drug Court Program. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $327,812.86 (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) Board of Supervisors Minutes PAGE 2 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, ZO1O 11. California Department of Mental Health (CDMH) -CDMH requires counties to execute a Medi-Cal Privacy and Security Agreement to ensure the privacy and security of Medi- cal Personally Indentifiable Information (PII). The term of this agreement begins upon Board approval -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL. (Behavioral Health) 12. Substance Abuse and Mental Health Services Administration (SAMHSA) -revenue agreement with SAMHSA for the Butte County Dependency Drug Court Family Enrichment Support Team project. The term of the current agreement is September 30, 2010 through September 29, 2011 with a maximum amount receivable of $370,000 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required). (Behavioral Health) 13. BudEet Adjustment -request to accept a total of $243,848 in grant funds. This amount includes funds from the State Department of Alcohol and Drug Programs and carryover grant awards from Fiscal Year 2009/2010 -action requested -ACCEPT UNANTICIPATED REVENUE AND APPROVE BUDGET ADJUSTMENT. (4/5 vote required) (Behavioral Health) 14. Resolution ApprovinE Second Amendment to the Sutter-Butte Flood Control AEency (SBFCA) Joint Exercise of Powers AEreement -The SBFCA was formed in 2007 through a Joint Powers Agreement (JPA) to improve flood protection in Sutter and Butte Counties. This amendment will revise the boundaries of the SBFCA as defined by the previously adopted JPA -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; ADOPT RELATED RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office) 15. Local Agency Improvement Fees -submitted is the Impact Fee or Local Agency Improvement Fee Report for Fiscal Year 2009/2010. This report, which has been available for public review since November 22, 2010, includes both county department and special district impact fee information with findings -action requested -ACCEPT FOR INFORMATION, MAKING FINDINGS AS DETAILED IN THE REPORT. (Chief Administrative Office) 16. Arnerich Massena and Associates, Inc -amendment to the agreement with Arnerich Massena for consulting services related to the County's 457 Deferred Compensation Plan. The amendment extends the term of the agreement through December 31, 2011, increases the maximum amount payable by $60,000, a decrease from previous year's amount (Human Resources department budget) -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office) Board of Supervisors Minutes PAGE 3 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, 2010 17. Approval of Minutes -action requested -APPROVE MINUTES OF NOVEMBER 9, 2010 AND NOVEMBER 23, 2010. 18. Durham Recreation and Park District -approval is requested to amend Appendix A of Durham Recreation and Park District's Conflict of Interest Code and accept the 2010 Local Agency Biennial Notice. The report and amendment has been reviewed by County Counsel and determined to be proper -action requested -ACCEPT BIENNEL REPORT AND APPROVE AMENDMENT. (County Counsel) 19. Palermo Union School District -approval is requested to amend Palermo Union School District's Conflict of Interest Code and accept the 2010 Local Agency Biennial Notice. The report and amendment has been reviewed by County Counsel and determined to be proper- action requested -ACCEPT BIENNIAL REPORT AND APPROVE AMENDMENT. (County Counsel) 20. Wastewater Advisory Committee -pursuant to Government Code Section 87306.5(b), approval is requested to accept the 2010 Local Agency Biennial Conflict of Interest Code Notices for the Wastewater Advisory Committee. The report has been reviewed by County Counsel and determined to be proper -action requested -ACCEPT BIENNIAL REPORT. (County Counsel) 21. Oroville City Elementary School District -approval is requested to amend Oroville City Elementary School District's Conflict of Interest Code and accept the 2010 Local Agency Biennial Notice. The report and amendment has been reviewed by County Counsel and determined to be proper -action requested -ACCEPT BIENNIAL REPORT AND APPROVE AMENDMENT. (County Counsel) 22. Butte County Association of Governments, Berry Creek Community Services District and Buzztail Community Services District -each district has reviewed their Conflict of Interest Codes and has determined that their agency's codes are current and do not need revision. County Counsel has reviewed the 2010 Local Agency Biennial Notices and determined them to be proper -action requested -ACCEPT BIENNIAL REPORTS. (County Counsel) 23. Abbott &Kindermann, LLP -amendment to the agreement with Abbott &Kindermann, LLP for retention of attorney services related to the General Plan. The effective date of the amendment is November 30, 2010 -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (County Counsel) 24. James A. Curtis -agreement with James A. Curtis for attorney services. The effective date of the agreement is November 24, 2010 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (County Counsel) Board of Supervisors Minutes PAGE 4 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, ZO1O 25. Butte County Land Conservation (Williamson) Act Applications for Inclusion - On November 1, 2010, the Butte County Land Conservation Act (LCA) Advisory Committee recommended approval of two 2010 inclusion applications. When considering inclusion of lands within urban spheres of influence and special planning areas, the Board shall consider whether such lands are subject to specific plans, special plans, and/or joint planning agreements. Both sites are located in such areas. The applications are: ~ LCA10-001 (Franklin), APN 041-080-106 - 161.9 acres partially within the Town of Paradise Sphere of Influence and Paradise Urban reserve Specific Plan; and 2 LCA10- 002 (Kidd-Paddock), APN 038-170-045 - 20.6 acres within the Durham Dayton Nelson Plan -action requested -FIND EACH WILLIAMSON ACT AGREEMENT TO BE EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL ACT PER CATEGORICAL EXEMPTION 15317 AND APPROVE BOTH APPLICATIONS. (Development Services) 26. Youth for Change -amendment to the agreement with Youth for Change for supervised visitation services. The amendment increases the maximum amount payable by $22,000 (department budget) -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT RELATED BUDGET ADJUSTMENT (4/5 vote required). (Employment and Social Services) 27. California Children and Family Services - 2010 Butte County Assessment -submitted is the 2010 County Self Assessment Report prepared by Butte County Children's Services and their community partners as required by the California Department of Social Services (CDSS) -action requested -ACCEPT FOR INFORMATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES TO SUBMIT REPORT TO THE STATE. (Employment and Social Services) 28. Butte County Department of Behavioral Health (BCDBH) - amendment to the agreement with BCDBH for alcohol, drug, mental health, and domestic abuse treatment services for CaIWORKs participants. The amendment increases the maximum amount payable by $108,652. There is no impact on the General Fund -action requested - APPROVEAGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT RELATED BUDGET ADJUSTMENT (4/5 vote required). (Employment and Social Services) 29. Request to Solicit Bids and Purchase Work Stations -request for approval to solicit bids and purchase fourteen work stations for the Community Employment Center at 78 Table Mountain Blvd in Oroville. DESS is coordinating with General Services for the bid and purchasing process. The estimated cost and installation for the work stations, which will be fixed assets, is $37,500 -action requested -APPROVE REQUEST TO SOLICIT BIDS AND APPROVE FIXED ASSET PURCHASES; AND APPROVE RELATED BUDGET ADJUSTMENT. (Employment and Social Services) Board of Supervisors Minutes PAGE 5 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, ZO1O 30. Budget Adiustment and Fixed Asset Purchase -request to appropriate designated Fiscal Year (FY) 2009/2010 Department of Homeland Security grant fund balance to the FY 2010/2011 fire budget. The original grant amount of $320,000, was designated to be spent over two fiscal years. The remaining balance is $30,374.67 which will be used to purchase equipment for training and fire prevention, including a forcible entry simulator estimated at $8,200 -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required); AND APPROVE FIXED ASSET PURCHASE. (Fire) 31. Donation on Behalf of the Sylvester Family and Budget Adiustment -The Butte County Fire Department has received a donation of $25,000 from FCI Contractors on behalf of the Sylvester Family. Ron Sylvester was injured when the freeway overpass construction on Hwy 149 fell on his truck. He negotiated a donation from FCI to thank rescue personnel who assisted him. The department has also received reimbursement for Terrorism Consequence Training in the amount of $15,300 -action requested - ACCEPT DONATION; AND APPROVE BUDGET ADJUSTMENTS (4/5 vote required). (Fire) 32. BudEet Adiustment -Butte County has an existing agreement with Liebert, Cassidy, Whitmore for labor negotiation services through October 31, 2011. A budget adjustment from the General Fund Appropriation for Contingencies in the amount of $60,000 is requested for ongoing labor negotiations -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Human Resources) 33. Resolution to Amend the Salary Ordinance -The resolution will amend the salary ordinance as follows: BEHAVIORAL HEALTH -requests to add one (1) position of Supervisor, Behavioral Health Counselor and one (1) position of Medical Records Technician, Senior/Medical Records Technician. The funding for these new positions will come from a new grant the department received from the Substance Abuse & Mental Health Services Administration for Family Enrichment Support. These changes will increase the allocation in budget unit 541-012 from 21.5 to 23.5 and increase total allocations in the department from 306.75 to 308.75. SHERIFF -requests to delete one (1) vacant Deputy Sheriff position and add one (1) Sheriff's Sergeant position. With the increased county collection of boat tax revenue, the Sheriff is obligated to assign afull-time officer to the boat program. With the creation of this position, the Sheriff will now assign one sergeant to county-drug operations and the other to the water/boat program. Any additional funding needed for the position will be provided by Rural County Supplemental Funding. These changes will leave the total allocations in the department unchanged -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) Board of Supervisors Minutes PAGE 6 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, ZO1O 34. Library Donations -The Library has received the following donations for books: $600 from Chico Friends of the Library; $600 from the Oroville Friends of the Library; and $200 from Maudie Penney -action requested -ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. (Library) 35. Library Donation -The Paradise Friends of the Library has donated a lighted sign to the Paradise Library to make the entrance to the Library more visible and easier to identify. The sign is valued at approximately $4,499 -action requested -ACCEPT DONATION AND AUTHORIZE LETTER OF APPRECIATION. (Library) 36. Resolution for Grant Application for "Greater Oroville Safe Access to Schools" Program -The department requests authorization for the submittal of a grant application to the California Department of Public Health's Kids' Plates Program. Funds from the grant would provide the Greater Oroville Safe Access to Schools Program the ability to improve the safety of school zones -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Health) 37. Decade Software Company, LLC -amendment to the agreement with Decade Software Company, LLC for billing and project tracking software. The amendment increases the maximum amount payable by $15,876 (department budget) -action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health) 38. Resolution in Appreciation of Leonard "Wayne" Copeland Upon His Retirement from Butte County -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 39. Resolution in Appreciation of Stuart "Stu" Edell Upon His Retirement from Butte County -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) 40. California Department of Parks and Recreation (DPR) -revenue agreement with DPR for annual grant funding for the Over Snow Vehicle Program to groom snowmobile trails and provide roadway snow removal for winter recreation in Butte County. The Fiscal Year 2010/2011 award is $60,000 (department budget) -action requested -APPROVE AGREEMENT AND AUTHORIZE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Works) Board of Supervisors Minutes PAGE 7 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, ZO1O 41. Letter of Appeal of the Plumas National Forest's Record of Decision (ROD) for Motorized Travel Management - On October 27, 2010, the ROD for the Plumas National Forest's (PNF) Motorized Travel Management Plan was issued. The PNF selected the Motorized Travel Management Plan-Alternate 5 which will have a negative economic impact to Butte County and the surrounding areas. Specifically Alternate 5 fails to accept the historic mixed use (use by both off-road and on-road vehicles) on most of the Forests inventoried. This reduction in mixed use will reduce the areas attraction for recreation thus decreasing the purchase of food, fuel and overnight accommodations from visitors. The reduction of this economic activity will have a negative impact to rural communities that depend on seasonal recreation activities for their income. The deadline to appeal the ROD is December 27, 2010. Staff is coordinating efforts with other counties within the PNF to appeal the decision in a unified manner. Staff seeks Board authorization to send the appeal letter when it is finalized -action requested -AUTHORIZE THE CHAIR TO SIGN A LETTER OF APPEAL OF THE PNF'S RECORD OF DECISION SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE CHIEF ADMINISTRATIVE OFFICER. (Public Works) 42. BudEet Adjustment -request to transfer $10,000 from the Drug/Gang Activity Fund to be used for development of an educational video to target drug use among school aged children -action requested -APPROVE BUDGET ADJUSTMENT (4/5 vote required). (Sheriff-Coroner) 43. Securus Technologies -revenue agreement with Securus Technologies for inmate telephone services. The term of the agreement is December 11, 2010 through December 10, 2013 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Sheriff-Coroner) 44. Keefe Commissary Network -amendment to the agreement with Keefe Commissary for inmate commissary services. The amendment extends the term of the agreement through August 31, 2014 -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Sheriff-Coroner) 45. Monthly Investment Report -submitted is the Monthly Investment Report dated October 31, 2010, in accordance with the Statement of Investment Policy dated July 1, 2010- action requested -ACCEPT FOR INFORMATION. (Treasurer-Tax Collector) 46. Franchise Tax Board (FTB) -agreement with the FTB to participate in the Court-Ordered Debt Program. The term of the agreement is January 1, 2011 through December 31, 2013. Under this program, the FTB will collect seriously delinquent court-ordered fines and fees on behalf of Butte County. The FTB will retain 15 % of the debt collected but the County will recover the cost through the Comprehensive Fine Program -action requested - AUTHORIZE THE TREASURER-TAX COLLECTOR TO ENTER INTO AN AGREEMENT WITH THE FTB. (Treasurer-Tax Collector) Board of Supervisors Minutes PAGE 8 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, ZO1O 47. Relief from Accountability -request for relief from accountability fora $100 cash shortage discovered on November 8, 2010 during the daily balancing of the property tax cash register receipts. An investigation was conducted and there was no evidence that the shortage was a result of fraud or gross negligence -action requested - APPROVE THE RELIEF FROM ACCOUNTABILITY IN THE AMOUNT OF $100. (Treasurer- Tax Collector) 48. Bay Delta Conservation Plan (BDCP) Comment Letter -The BDCP is a collaborative program lead by state, federal and local water agencies to formulate a plan that could ultimately be approved as a Habitat Conservation Plan. The department requests approval for a comment letter to the BDCP Steering Committee -action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (Water & Resource Conservation) 49. California Statewide Groundwater Elevation MonitorinE (CASGEM) ProEram -The CASGEM program will establish a statewide program to collect groundwater elevation data, facilitate collaboration between local monitoring entities and the Department of Water Resources (DWR) and provide an avenue to report information to the public. The State requires local entities notify DWR by January 1, 2011 of intent to assume responsibility for compiling and submitting the data as a designated Monitoring Entity. The department requests approval to be designated as one of the Multiple Monitoring and Reporting Entities within Butte County. If DWR takes over monitoring of a basin, entities in the basin will be ineligible for future water grants or loans administered by the State -action requested -AUTHORIZE DEPARTMENT TO BE ONE OF THE MULTIPLE MONITORING AND REPORTING ENTITIES AND DIRECT THE DIRECTOR OF WATER AND RESOURCES CONSERVATION TO NOTIFY DWR. (Water & Resource Conservation) 50. 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 & Resource Conservation) 51. Department of Water Resources (DWR) -third amendment to the tolling agreement with DWR for the suspension of the water supply contract requirement to submit formal protests of State Water Project (SWP) bills for calendar years 2007 through 2010. The amendment extends the tolling period expiration date to December 31, 2012 which allows all parties to continue discussions concerning possible resolution of claims related to SWP billing -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE COUNTY COUNSEL TO SIGN AGREEMENT ON BEHALF OF BUTTE COUNTY. (Water & Resource Conservation) 52. Butte County Children and Families Commission - the Commission submits recommendations for appointments to the Commission -action requested -APPOINT JOHN BURGHARDT AS COMMISSIONER TO A VACATED TERM TO END JUNE 30, 2011; TALIA SCHERQUIST AS ALTERNATE TO A VACATED TERM TO END JUNE 30, 2011; AND LORENZO TOBIAS AS ALTERNATE TO A VACATED TERM TO END JUNE 30, 2012. (Other Departments and Agencies) Board of Supervisors Minutes PAGE 9 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, 2010 53. First 5 Butte County Children and Families Commission Annual Audit -pursuant to Butte County Code, submitted is the Fiscal Year 2009/2010 annual audit -action requested -ACCEPT FOR INFORMATION. (Other Departments and Agencies) 54. BanEor Cemetery District -- action requested -REAPPOINT JENNIFER HEILMANN AND KEN SARNECKI AS TRUSTEES TO TERMS TO END DECEMBER 31, 2014. (Other Departments and Agencies) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOULSY) PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA REGULAR AGENDA 1034-002 Boards, Commissions and Committees 1. Appointments to Listed Vacancies MOTION: I MOVE TO APPOINT REBECCA GRAHAM AND PATRICIA BESSER TO THE BUTTE COUNTY HOUSING AUTHORITY BOARD TO FILL THE VACANT TENANT COMMISSIONER POSITIONS. (TERMS TO END APRIL 11, 2012) 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOULSY) 1034-003 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. 1034-004 Update of General Plan 2030 Process by Director of Development Services TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. 1034-005 Update Regarding Upcoming Butte County Code Amendments by Director of Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. Board of Supervisors Minutes PAGE 10 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, 2010 1034-006 Actions to Encourage Economic Growth in Butte County -Economic growth is a priority of the Board of Supervisors. As part of the General Plan, the Board adopted an Action Plan related to economic development. While many items contained within the Action Plan are long-term goals and activities, there are certain actions that can be taken immediately to encourage economic growth and to provide financial relief to county residents -actions requested - 1) MAINTAIN USER FEES AT CURRENT LEVELS WITH NO INCREASES IN 2011; 2) MAINTAIN DEVELOPMENT IMPACT FEES WITH NO INCREASES IN 2011; AND 3) DEFER COLLECTION OF DEVELOPMENT IMPACT FEES UNTIL THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. (Chief Administrative Office) PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER, PROVIDED A REPORTTO THE BOARD. (21:55) MOTION: I MOVE TO 1) MAINTAIN USER FEES AT CURRENT LEVELS WITH NO INCREASES IN 2011; 2) MAINTAIN DEVELOPMENT IMPACT FEES WITH NO INCREASES IN 2011; AND 3) DEFER COLLECTION OF DEVELOPMENT IMPACT FEES UNTIL THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PUBLIC HEARINGS AND TIMED ITEMS 1034-007 Public HearinE -Adoption of the Update of the Thermalito Master DrainaEe Plan and Ordinance Adopting the Associated Thermalito DrainaEe Area Fee Schedule -The original Master Drainage Plans for the Thermalito Area were completed in 1980. One plan was for the unincorporated County area of Thermalito and one for the City of Oroville's jurisdiction. The County and City retained RBF Consulting to revise, update, and consolidate the plans into one and to develop a nexus study and proposed fees for necessary capital improvements in Thermalito. The updated Thermalito Master Drainage Plan has been developed using hydration methods that can allow for more detailed evaluation of storm water retention than the original Plan -action requested -ADOPT UPDATE OF THE THERMALITO MASTER DRAINAGE PLAN; AND ADOPT ASSOCIATED ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) TOM BLIXT FROM THE DEPARTMENT OF PUBLIC WORKS PROVIDED A REPORT. STU SHANER ADDRESSED THE BOARD. MOTION: I MOVE TO ADOPT UPDATE OF THE THERMALITO MASTER DRAINAGE PLAN; AND ADOPT ASSOCIATED ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) Board of Supervisors Minutes PAGE 11 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, 2010 1034-008 State Flood Plain Requirements in Butte County -The State Department of Water Resources (DWR) will provide a presentation on the State Plan of Flood Control and the FloodSAFE California program -action requested -ACCEPT FOR INFORMATION. (Public Works) PRESENTATION FROM REPRESENTATIVES FROM THE STATE DEPARTMENT OF WATER RESOURCES. NO ACTION WAS TAKEN ON THIS ITEM. 1034-009 Timed Item -Application to the Local A~encv Formation Commission (LAFCoI for an Expansion of Powers of Community Service Area (CSA) 114 -consideration of a resolution approving the submittal of an application to LAFCo to expand the powers of CSA 114 in order to pay certain sewer connection fees to facilitate the provision of sewer service -actions requested -APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT COUNTY STAFF TO WORK WITH LAFCO TO PREPARE THE NECESSARY MUNICIPAL SERVICES AGREEMENTAND SPHERE OF INFLUENCE PLAN. (Chief Administrative Office) JENNIFER MACARTHY, MANAGER OF PROGRAM DEVELOPMENT PROVIDED A REPORT. MOTION: I MOVE TO APPROVE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT COUNTY STAFF TO WORK WITH LAFCO TO PREPARE THE NECESSARY MUNICIPAL SERVICES AGREEMENTAND SPHERE OF INFLUENCE PLAN. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1034-010 Public HearinE - SiEnalized Intersection West, LLC -Appeal of PlanninE Commission Denial of GradinE Permit GRD06-01 (APNs 017-090-138 and 017-090-139) - On October 26, 2010, the Board set aside and vacated Resolution 08-151 which denied Signalized Intersection West's appeal of the Planning Commission denial of a grading permit (GRD06-01) and reopened the hearing on the appeal. The project location is approximately two miles northeast of Honey Run Road and Centerville Road intersection. Staff will provide three options for Board consideration -action requested -PROVIDE DIRECTION TO STAFF. (Development Services) PUBLIC HEARING OPENED: 10:42 A.M. PUBLIC HEARING CLOSED: 11:15 A.M. THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: JANLYNN FLEENER; ALLEN HAWTHORNE; BRIAN MAYERLE; RICHARD HARRIMAN; AND CAROLYN BURKETT. MATT DAMON FROM BUTTE COUNTY FIRE DEPARTMENT ANSWERED QUESTIONS FROM THE BOARD. Board of Supervisors Minutes PAGE 12 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, ZO1O MOTION: I MOVE TO REMAND GRD 06-01 TO THE PLANNING COMMISSION FOR REVISION OF THE PROJECT DESCRIPTION AND FURTHER CONSIDERATION FOR INFORMATION, CONDITIONS AND MITIGATIONS AS MAY BE REQUIRED. 2 M VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED 4-1 ) 1034-011 Additional Option for Securing Costs of Nuisance Abatement Process - On November 9, 2010, staff presented options for recovering the costs of the County's nuisance abatement process through the placement of liens and special assessments collected at the same time and manner as property taxes. The Board requested staff return with information on another option which would allow the landowner to enter into an agreement with the County in order to use the property as collateral for the lien through recorded Deed of Trust. Staff will provide a report on this option -action requested -ACCEPT FOR INFORMATION AND PROVIDE DIRECTION TO STAFF. (Chief Administrative Office) SANG KIM, DEPUTY ADMINISTRATIVE OFFICER PROVIDED A REPORT. (2:13:21) MOTION: I MOVE TO DIRECT STAFF TO INCORPORATE THIS OPTION FOR BOARD DETERMINATION AT FUTURE NUISANCE ABATEMENT HEARINGS. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1034-012 Certification of Statement of Votes Cast -November 2, 2010 Consolidated General Election - Presentation by the County Clerk-Recorder/Registrar of Voters on the November 2, 2010 election turnout, vote by mail and provisional ballot processing -action requested -ACCEPT CERTIFICATION OF STATEMENT OF VOTES CAST. (Clerk-Recorder/Registrar of Voters) CANDACE GRUBBS, CLERK-RECORDER/REGISTRAR OF VOTERS PROVIDED A REPORT. MOTION: I MOVE TO ACCEPT CERTIFICATION OF STATEMENT OF VOTES CAST. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (MOTION CARRIED UNANIMOUSLY) Items Removed from the Consent AEenda for Board Consideration and Action. (NONE) Adjourned at 11:45 a.m. as the Butte County Board of Supervisors and convened as the Butte County In-Home Supportive Services Authority Board. Board of Supervisors Minutes PAGE 13 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES DECEMBER 14, 2010 DECEMBER Z4, 2010 Called to order at 11:45 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. CONSENT AGENDA 1009-001 Brian Frink -agreement with Brian Frink for training services for the newly appointed Public Authority Supervisor. The term of the agreement is November 1, 2010 through December 31, 2010 with a maximum payable of $1,100 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 N (MOTION CARRIED UNANIMOUSLY) PUBLIC COMMENT (each speaker limited to five minutes) 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 11:47 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 14 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS 1034-013 CLOSED SESSION THE BOARD RECESSED AT 10:35 A.M. TO CLOSED SESSION REGARDING: DECEMBER Z4, ZO1O 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) -FOUR CASES: 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SIMMONS V. COUNTY OF BUTTE; CASE NO. USDC-EASTERN DIST. CASE: 07-CV-01129-JAM- GGH; 3. BEC V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT CASE NO. 152362; AND 4. CALIFORNIA SPORTFISHING PROTECTION ALLIANCE V COUNTY OF BUTTE; USDC-EASTREN DISTRICT CASE NO. 10-03203. THE BOARD RECONVENED AT 1:05 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) -FOUR CASES: 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. SIMMONS V. COUNTY OF BUTTE; CASE NO. USDC-EASTERN DIST. CASE: 07-CV-01129-JAM- GGH; 3. BEC V. COUNTY OF BUTTE; BUTTE COUNTY SUPERIOR COURT CASE NO. 152362; AND 4. CALIFORNIA SPORTFISHING PROTECTION ALLIANCE V COUNTY OF BUTTE; USDC-EASTREN DISTRICT CASE NO. 10-03203. (No Announcements) Board of Supervisors Minutes PAGE 15 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS PUBLIC HEARINGS AND TIMED ITEMS DECEMBER Z4, ZO1O 1034-014 Timed Item - 2011 Butte County Legislative Platform -Each year the Butte County Board of Supervisors considers and adopts a state and federal legislative platform that has been developed through discussions with Butte County's legislative advocates, County Department Heads, and the Chief Administrative Officer and staff. Paul Yoder of Strategic Local Government Services, LLC will present the state legislative matters and Kristi More with The Ferguson Group will present the federal legislative matters -action requested -ACCEPT FOR INFORMATION AND ADOPT 2011 LEGISLATIVE PLATFORM AMENDING IF NEEDED. (Chief Administrative Office) SHARI MCCRACKEN, DEPUTY ADMINISTRATIVE OFFICER PROVIDED A REPORT. KRISTI MORE FROM THE FERGUSON GROUP PROVIDED A REPORT. PAUL YODER FROM STRATEGIC LOCAL GOVERNMENT SERVICES PROVIDED A REPORT TO THE BOARD. MIKE RAMSEY, DISTRICT ATTORNEY ADDRESSED THE BOARD. (25:00) MOTION: I MOVE TO ADOPT 2011 LEGISLATIVE PLATFORMS WITH THE ADDITION TO SEEK LEGISLATION TO BAN ALCOHOL ON THE SACRAMENTO RIVER ON CERTAIN OCCASSIONS AND WITH THE ADDITION OF A REQUEST TO FEDERAL LEGISLATORS TO STREGHTHEN THE LANGUAGE THAT ALLOWS FOR LOCALJURISDICTIONS' INPUT ON INDIAN GAMING PROJECTS. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) 1034-015 Public HearinE - ZoninE Code Amendment - Wind Turbine Ordinance (ZCA10-0004) - consideration of an ordinance establishing standards for the design, placement, and permitting of wind turbines. If approved, the standards will apply to all areas of unincorporated Butte County. The Butte County Planning Commission recommends approval of the ordinance -action requested -ADOPT RESOLUTION ADOPTING A NEGATIVE DECLARATION WITH FINDINGS AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) STACYJOLLIFFE, PRINCIPAL PLANNER PROVIDED A REPORTTO THE BOARD. PUBLIC HEARING OPEN: 1:50 P.M. PUBLIC HEARING CLOSED: 2:20 P.M. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: JOHN SCOTT; COLLEEN CECIL, BUTTE COUNTY FARM BUREAU; GRAHAM HUTTON; ERIC LANGFORD; LESLIE SHIBSTEAD; SCOTT JACKSON (1:09:46); JEFF SALSDORF. Board of Supervisors Minutes PAGE 16 December 14, 2010 BUTTE COUNTY BOARD OF SUPERVISORS DECEMBER Z4, ZO1O MOTION: I MOVE TO ADOPT RESOLUTION ADOPTING A NEGATIVE DECLARATION WITH FINDINGS AND AUTHORIZE THE CHAIR TO SIGN; ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT STAFF TO RETURN TO RETURN TO THE BOARD WITH AMENDMENTS TO THE ORDINANCE WITHIN 120 DAYS FROM TODAY. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY ) 1034-016 Timed Item - Recognition of Supervisor Jane Dolan -The Board of Supervisors and County Department Heads will recognize and honor Supervisor Jane Dolan. Community organizations and individuals are invited to honor Supervisor Dolan during this time -action requested -ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. SUPERVISOR DOLAN MADE A STATEMENT. THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED SUPERVISOR DOLAN: STU SHANER; RONALD ANGLE; MIKE RAMSEY; MYRON OPENSHAW; RICHARD PRICE; ANN SCHWAB, MAYOR OF THE CITY OF CHICO; COLLEN CECIL; PENNY LOUTON, MARY MILLING AND OTHER MEMBERS OF THE LIBRARY ADVISORY BOARD (2:17:49); RAYANN PARLEY; GEORGE MORRIS, BUTTE COUNTY FIRE CHIEF; AND MICHAELARENS. 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. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT APPROXIMATELY 4:20 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS TO BE HELD TUESDAY, JANUARY 11, 2011 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 17 December 14, 2010