BUTTE COUNTY BOARD OF SUPERVISORS AGENDA

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1 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA County Supervisors Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Curt Josiassen, District 4 Kim Yamaguchi, District 5 C. Brian Haddix, Chief Administrative Bruce Alpert, County Counsel Officer and Clerk of the Board

2 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - 9:00 A.M CALL TO ORDER 1.01 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville 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 CONSENT AGENDA AGRICULTURE 3.01 * Budget Transfer and Fixed Asset Purchase - approval is requested for the purchase of a new pick-up truck in the amount of $14,500. The department has $13,693 appropriated in its fixed asset budget for the purchase but requests an additional appropriation of $807 as detailed in the agenda report - action requested - APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF VEHICLE IN THE AMOUNT OF $14,500. AUDITOR 3.02 * Local Agency Improvement Fees - submitted is the Combined Report of Impact Fees or Local Agency Improvement Fees for Fiscal Year 2006/2007. Pursuant to Government Code Section 66006, this item was introduced at the meeting of December 11, 2007 and has been on file and available for public inspection in the Chief Administrative Office. Final action on the report is now required - action requested - ACCEPT REPORT AND MAKE FINDINGS AS DETAILED IN THE AGENDA REPORT FOR EACH OF THE ACCOUNTS WITH REGARD TO PURPOSE, RELATIONSHIP, SOURCE AND AMOUNTS, AND TIMING AS SET FORTH IN GOVERNMENT CODE SECTION 66001(d). (From [3.01]) BEHAVIORAL HEALTH 3.03 * Youth Leadership Institute (YLI) - approval is requested for a sole source agreement with YLI to continue to work with the department in the areas of youth development evaluation, training, and youth-adult partnerships. The term of the agreement is September 1, 2007 through October 1, 2008 with a maximum amount payable of $27,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 1

3 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA * Drug Court Partnership Program - approval is requested for a revenue agreement with the Department of Alcohol and Drug Programs. The project budget period is July 1, 2007 through June 30, 2008 with a maximum amount payable to Butte County of $140,300 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40153) 3.05 * Milhous Children s Services - amendment - approval is requested for an amendment to the agreement with Milhous Children s Services for the provision of services to seriously, emotionally disturbed youth with full scope Medi-Cal. The amendment changes the term of the agreement to August 16, 2007 through February 18, 2008 and decreases the maximum amount payable by $24, (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER * State Department of Mental Health (DMH) - Hospitalization Agreement - approval is requested for an agreement with DMH for the provision of professional and inpatient hospital services to persons who are acutely mentally ill and those persons requiring health care services. Behavioral Health is required to establish a community mental health service to cover the entire area of the county and to reimburse the State Department of Mental Health for its use of state hospital beds. The term of the agreement is July 1, 2007 through June 30, It is a zero dollar contract as County realignment funds are offset to pay the State for the use of the hospital beds - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND ADOPT RELATED RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN * Butte County Probation Department - amendment - approval is requested for an amendment to the Family Bridges agreement with the Probation Department for Fiscal Year 2007/2008. The program is designed to serve at-risk youth ages 8 to 18 and their families. The amendment extends the term of the agreement to June 30, 2008 and increases the maximum amount payable by $282,488 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16473) PAGE 2

4 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA * State Department of Mental Health (DMH) - Mental Services Act (MSHA) Agreement - approval is requested for a revenue agreement with DMH for funding that will support a broad range of mental health services. The County previously entered into an agreement called the MHSA Performance Contract, but the State has renamed the agreement and is requiring approval of the new document covering the entire term. The term of this agreement is July 1, 2004 through June 30, 2008 with an amount of $3,779,075 payable to County in Fiscal Year 2007/2008 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND ADOPT RELATED RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40960) 3.09 * Butte County Department of Employment and Social Services (DESS) - Connecting Circle of Care (CCOC) Program - approval is requested for an agreement with DESS for the provision of collaborative services related to the CCOC program. The term of the agreement is October 1, 2006 through June 30, 2008 with a maximum amount payable to DESS of $136,850 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE BUDGET TRANSFER ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT * Linda Huffmon - amendment - approval is requested for an amendment to the agreement with Linda Huffmon for the provision of consulting services to the Department of Behavioral Health. The amendment increases the maximum amount payable by $45,905 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER * Accept Unanticipated Revenue - approval is requested to accept and appropriate $22,855 in unanticipated Federal Perinatal Set Aside revenue carried over from Fiscal Year 2006/2007. The funds will be used to support the Young Parent program - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. CHIEF ADMINISTRATIVE OFFICE 3.12 * Approval of Minutes - action requested - APPROVE MINUTES OF JANUARY 8, PAGE 3

5 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - CHILD SUPPORT 3.13 * Renewal of Local Emergency Declaration - approval is requested for the continuance of the local emergency that was declared on January 4, 2008 as a result of heavy rains, high winds and wide-spread power outages. Per State of California Government Code, the declaration must be reviewed at each regularly scheduled Board meeting until terminated - action requested - APPROVE CONTINUANCE OF THE EMERGENCY DECLARATION. SERVICES 3.14 * Budget Transfer and Fixed Asset Purchase - approval is requested for the purchase of a vehicle to be used by the department s investigator and for a related budget transfer as detailed in the agenda report - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF LAW ENFORCEMENT VEHICLE. DEVELOPMENT SERVICES 3.15 * Pacific Municipal Consultants (PMC) - amendment - approval is requested for an amendment to the agreement with PMC in order to add a staff cost rate sheet associated with the Las Plumas Master Environmental Assessment assigned to PMC as a project - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X16227) EMPLOYMENT AND SOCIAL SERVICES 3.16 * Private Industry Council (PIC) of Butte County - amendment - approval is requested for an amendment to the agreement with PIC for the provision services for CalWORKs Welfare-to-Work participants. The amendment increases the maximum amount payable by $602,855 and adds to the scope of work of the original agreement. Approval is also requested to accept $941,142 in unanticipated revenue from Fiscal Year 2006/2007 CalWORKs Improvement Program project - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT * Enloe Medical Center - Touchstone Perinatal Program - approval is requested for an agreement with Enloe for the provision of training services for the Options for Recovery Program which offers training to foster parents and relatives caring for substance exposed children ages 0-60 months. The term of the agreement is July 1, 2007 through June 30, 2009 with a maximum amount payable of $371,788 (department budget) - project - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 4

6 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA * Northern Valley Catholic Social Services (NVCSS) - amendment - approval is requested for an amendment to the agreement with NVCSS for the provision of Cal-Learn Program case management services. The amendment increases the maximum amount payable by $13,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER * Refugee Social Services (RSS) - approval is requested for four separate agreements for the provision of services to the Hmong refugee population of Butte County. The term of each agreement is October 1, 2007 through September 30, The maximum amounts payable of each agreement are: 1) Butte-Glenn Community College District - $30,000; 2) Thermalito Union School District - $52,104; Butte County Department of Public Health - $32,521; and the Hmong Cultural Center of Butte County - $27,126. Approval is also requested to accept and appropriate $128,401 received from the Federal Fiscal Year 2006 RSS grant project - action requested - APPROVE FOUR AGREEMENTS AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT * Recognize Reimbursement Revenues in General Assistance (GA) Budget - Due to a change in accounting practices, approval is requested to increase appropriations and revenues for GA. In the past, GA reimbursements from Supplemental Security Income/State Supplemental Payment were offset directly against expenditures. These reimbursements are now accounted for as revenue - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT * 2007 Butte County Child and Family Services Self Assessment Report - approval of the report is requested as required by Assembly Bill 636 and by the California Department of Social Services - action requested - APPROVE THE REPORT AS SUBMITTED BY THE DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES * Resolution Recognizing Employment and Eligibility Staff Week in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 5

7 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - GENERAL SERVICES 3.23 * Paradise Recreation and Park District (PRPD) - amendment - approval is requested for an amendment to the current lease agreement with PRPD which will allow PRPD to make tenant improvements to County-owned land on the Skyway - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER * CSU, Chico Research Foundation - approval is requested for a lease agreement with CSU for the property at 1010 Cleveland Avenue, Chico. CSU plans to use the facility to provide nutrition-focused educational services. The term of the agreement is February 4, 2008 through February 4, action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER * Award of Contract for Completion of the Butte County Courthouse Basement Infill Project - approval is requested for an agreement with Don Azevedo Construction, Inc. of Chico for the completion of the courthouse basement. Don Azevedo was the lowest responsive and responsible bidder to Invitation for Bids (IFB) Approval is also requested for a resolution, pursuant to Public Contract Code sections and 22035, authorizing the Chief Administrative Officer to sign a contract, specifically to allow repair of the addition to the main courthouse - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND ADOPT RESOLUTION (4/5 vote required) AND AUTHORIZE THE CHAIR TO SIGN * Budget Transfer - Juvenile Hall Capital Project - approval is requested for a budget appropriation in order for Facilities Services to complete concrete work at the Juvenile Hall facility. An appropriation of $33,025 was not expended in Fiscal Year (FY) 2005/2006 and was not re-appropriated in FY 2006/ action requested -APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. PAGE 6

8 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - HUMAN RESOURCES 3.27 * Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: ADMINISTRATION - the department requests to flexibly staff one position of Manager, Support Services to Manager, Support Services or Supervisor, Support Services. CLERK-RECORDER - adds one term position of Deputy County Clerk I beginning February 1, 2008 and ending December 31, SHERIFF - adds one sunset position of Deputy Sheriff to begin on January 1, 2008 and end on December 31, 2009 and extends a current sunset position of Deputy Sheriff to end December 31, 2009 instead of April 30, BEHAVIORAL HEALTH - the department requests to flexibly staff one position of Certified Nurse Practitioner to Certified Nurse Practitioner or Physician s Assistant. HUMAN RESOURCES - adjusts the flat rates for the classifications of File Clerk - Extra Help; Weights and Measures Inspector Aide; and Mental Health Intern of Section 57j of the Salary Ordinance entitled, Classifications with Flat Rate Assignments from $7.50/hour to $8.00/hour; the department also requests to delete the following: the classification of LAFCo Executive Officer from Section 57j of the Salary Ordinance entitled, Classifications with Flat Rate Assignments; one position of Administrative Analyst or Administrative Analyst, Associate; one position of Administrative Analyst, Associate or Commission Clerk; one position of LAFCo Executive Officer; and one position of Planner, Principal or Planner, Senior from Section 33 entitled LOCAL AREA FORMATION COMMISSION (LAFCo). EMPLOYMENT AND SOCIAL SERVICES - deletes one vacant position of Inventory Warehouse Specialist and adds one flexibly staffed position of Office Specialist, Senior; Office Specialist; or Office Assistant. PUBLIC HEALTH - adds one position of Supervisor, Information Systems Analyst - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. LIBRARY 3.28 * Library Donations - pursuant to Government Code Section 25355, donations of $ from Oroville Friends of the Library; $6,000 from the Chico Friends of the Library; $200 from James and Patrice Jensen; $100 from Richard Jauregui; $750 from Ed McLaughlin; $ from an anonymous donor; $100 from Izzy Burger Spa; $100 from Maudie Penney; $1, from Paradise Friends of the Library have been received for the purchase of books; $ from Paradise Friends of the Library has been received for operations - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. PAGE 7

9 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA * Accept Unanticipated Revenue - approval is requested to accept and appropriate a $25,000 Early Learning with Families grant from the California State Library. The funds will be used to provide library services for children under the age of five - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT * Accept Donation - approval is requested to accept a donation of a sound system from the Chico Friends of the Library. The system consists of two microphones, an amplifier, a control panel, and a speaker system and will be permanently installed in the community meeting room - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. PROBATION 3.31 * Paradise Unified School District - approval is requested for an agreement with the District in which one officer will serve as a Truancy Officer at District schools. The term of the agreement is November 1, 2007 through June 30, 2008 with the District contributing $39,713 to the County from the Safe Schools Healthy Students grant - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. PUBLIC 3.32 * Butte County Office of Education (BCOE) and Oroville Union High School District - approval is requested for an agreement with the BCOE and the District in which one officer will serve as a Truancy Officer at Prospect High School. The term of the agreement is August 1, 2007 through June 30, 2008 with the District contributing $45,500 (department budget) to the County from the Safe Schools Healthy Students grant - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. HEALTH 3.33 * California Department of Public Health (CDPH) - approval is requested for an agreement with CDPH to provide funding for Butte County s Hospital Preparedness Program. The term of the agreement is September 1, 2007 through August 8, 2008 with a maximum amount payable of $243,165 - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 8

10 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - PUBLIC 3.34 * Northern Valley Indian Health, Inc. (NVIH) - approval is requested for a sole source agreement with NVIH for the provision of the Children s Dental Project Treatment Services Program. The term of the agreement is January 29, 2008 through June 30, 2008 with a maximum amount payable of $72,700. The program will be fully funded through a Butte County Children and Families Commission grant - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. WORKS 3.35 * Construction of the Riceton Highway Overlay - Project No project approval is requested for the construction of the Riceton Highway Overlay from Afton Road to the Union Pacific railroad Crossing. The engineer s estimate for the project, which includes application of an asphalt concrete overlay and replacement of pavement markings and striping, is approximately $500,000. The project will be funded by Proposition 1B revenue - action requested - APPROVE PLANS AND SPECIFICATION; AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE CHAIR AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS * Construction of the Skyway Overlay - Project No project approval is requested for the construction of the Skyway Overlay of the Chico-bound lanes from to miles West of Skyway Crossroad. The engineer s estimate for the project, which includes application of an asphalt concrete overlay and replacement of pavement markings and striping, is approximately $1.4 million. The project will be funded by Proposition 1B revenue -action requested - APPROVE PLANS AND SPECIFICATION; AUTHORIZE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE CHAIR AND DIRECTOR OF PUBLIC WORKS TO SIGN PLANS * Introduction of an Ordinance Establishing Speed Limits on Certain Roads - In response to citizens concerns regarding the speed on Lott Road from Esquon Road to Durham Dayton Highway, the department has performed a speed study and an Engineering & Traffic Survey. Based on these findings, it is recommended that the speed limit be lowered to 25 mph - action requested - WAIVE THE READING OF THE ORDINANCE. PAGE 9

11 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA * Peterson Tractor Company - amendment - approval is requested for an amendment to the agreement with Peterson Tractor for the provision of repair services of Caterpillar equipment at the Neal Road Sanitary Landfill. The amendment increases the maximum amount payable by $25,000 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT * State of California - amendment - approval is requested for an amendment to the agreement with the State related to the Signalized Intersection at Ophir Road/Pacific Heights and State Route 70. As part of the original agreement, the County had to contribute $1,000,000 of road fund money to the project. Bids for the work came in approximately 40% below the engineer s estimate. The amendment requires the State to return $500,000 at this time and any remaining funds when construction has been completed - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. SHERIFF * Butte Meadows Hillslider s Snowmobile Club - amendment - approval is requested for an amendment to the agreement with the Snowmobile Club for snow grooming, plowing and removal in the area surrounding the Jonesville Snowpark. The amendment will increase the Fiscal Year (FY) 2007/2008 allocation amount by $28,653. This amount is the remaining balance of the of FY 2006/2007 allocation - action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. CORONER 3.41 * Accept Unanticipated Revenue - approval is requested to accept and appropriate $5,085 provided by the State of California as reimbursement for Standards Training for Correctional Officers - action requested - AND APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. PAGE 10

12 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA * Budget Transfer - approval is requested to transfer $8,200 from the Civil Division Trust account for the replacement of equipment in the Civil Division. The Civil Division will purchase a new laser printer, equip two deputies vehicles with GPS systems, and replace three shotguns and three rifles with the funds - action requested - APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS DETAILED IN THE AGENDA REPORT. TREASURER/ TAX-COLLECTOR 3.43 * Monthly Investment Report - submitted is the Monthly Investment Report dated December 31, 2007, in accordance with the Statement of Investment Policy dated July 1, action requested - ACCEPT FOR INFORMATION. OTHER DEPARTMENTS 3.44 * Butte County Treasury Oversight Committee Appointment - pursuant to Resolution 96-43, and Government Code Section the Treasurer has nominated, and is requesting the Board confirm, the appointment of Kevin Bultema, Director of Fiscal Services for the Butte County Office of Education, as the Superintendent of Schools designated representative - action requested - CONFIRM APPOINTMENT. AND AGENCIES 3.45 * Butte County Board of Law Library Trustees - action requested - REAPPOINT GARY R. KNIPPEN, ESQ. AS DESIGNEE OF THE CHAIR OF THE BOARD OF SUPERVISORS AND RAOUL J. LECLERC, ESQ. AS ADDITIONAL DESIGNEE OF THE BOARD OF SUPERVISORS * Butte County Board of Law Library Trustees and Butte County Superior Court - approval is requested for an agreement with the Board of Law Library Trustees and the Superior Court in order to add the Assistant Law Librarian to the regular roster of Butte County employees for the sole purpose of qualification for California Public Employees Retirement System (PERS) benefits - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER REGULAR AGENDA BOARDS, COMMISSIONS AND COMMITTEES 4.01 * Boards, Commissions and Committees. 1. Appointments to Listed Vacancies. 2. Board Member or Committee Reports. PAGE 11

13 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - BUDGET, LEGISLATIVE OR COUNTY RELATED UPDATES 4.02 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. 1. Presentation by Paul Yoder of Shaw/Yoder to discuss the Governor s budget proposal Update of General Plan 2030 Process by Director- Development Services. PRESENTATION AND DISCUSSION ITEMS 4.04 * Recommendations of the Entitlement Subcommittee Regarding the State Water Project (SWP) Table A Allocation for 2008 and On November 6, 2007, the Board directed staff to investigate the possibility of contracting with another SWP contractor to purchase the County s excess Table A allocation for water year 2008 under a one time purchase agreement made available through the Department of Water Resources (DWR). The department is bringing forward a letter of intent from Palmdale Water District to purchase the excess Table A for 2008 and If the County does not choose to participate in this transaction, the surplus water that currently cannot be used in-county will return to the SWP pool, will not be available for future in-county use, and will be delivered outside of Butte County - action requested - 1. APPROVE THE RECOMMENDATIONS OF THE ENTITLEMENT SUBCOMMITTEE TO BEGIN THE CEQA PROCESS TO EVALUATE THE SALE OF THE SURPLUS TABLE A ALLOCATION FOR 2008 AND 2009 AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION, OR HIS DESIGNEE, TO SIGN THE LETTER OF INTENT WITH PALMDALE WATER DISTRICT, SUBJECT TO REVIEW BY COUNTY COUNSEL; AND 2. DIRECT STAFF TO BRING BACK A DEFINITIVE AGREEMENT FOR BOARD CONSIDERATION; AND 3. APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND 4. RENAME THE ENTITLEMENT SUBCOMMITTEE TO TABLE A SUBCOMMITTEE. PAGE 12

14 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA * Quincy Library Group (QLG) Litigation Fund - consideration of a request from QLG to join in litigation regarding fuel reduction and forest restoration projects. QLG is requesting a $4,000 contribution from Butte County - action requested - DETERMINE WHETHER OR NOT BUTTE COUNTY WISHES TO PARTICIPATE IN THE LAWSUIT FUND AND DIRECT STAFF ACCORDINGLY. (Chief Administrative Office) (From [4.05]) 4.06 * Postponement of Street Improvements for APN Mr. Harold Stimson, who is in the process of building a 3,500 square foot office building on a lot on Lakeridge Court, Magalia, has requested a postponement of street improvements. There are no other improvements within 500' of the project - action requested - 1. DENY THE REQUEST TO POSTPONE THE REQUIRED STREET IMPROVEMENTS; -OR- 2. IN ACCORDANCE WITH BUTTE COUNTY CODE , APPROVE THE REQUEST TO POSTPONE THE STREET IMPROVEMENTS. (Public Works) 4.07 Items Removed from the Consent Agenda for Board Consideration and Action PUBLIC HEARINGS AND TIMED ITEMS 10:00 A.M * Public Hearing - Adjustment of Existing Development Impact Fees - consideration of ordinances which will adjust development impact fees on new residential and nonresidential development in the unincorporated and incorporated areas of Butte County. County-wide fees for General Government Facilities; General Government Vehicles and Equipment; Library Facilities, Vehicles and Materials; Fire Department Facilities, Vehicles and Equipment; Sheriff s Department Facilities, Vehicles and Equipment; and Road Improvement, Bridge, and Traffic Signals will be adjusted. Fees in the North Chico Specific Plan Area and the Chico Urban Area for Street and Storm Drainage Facilities will be adjusted - action requested - ADOPT ORDINANCES AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office and Public Works) PAGE 13

15 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - 10:10 A.M * Public Hearing - Resolution Implementing the County Recorder Social Security Truncation Program - Assembly Bill (AB) 1168 requires that County Recorders create an exact copy of all official documents recorded between January 1, 1980 and December 31, 2008 with all social security numbers truncated. This process is also required of any document recorded after January 1, The Bill allows the County Recorder to charge an additional $1.00 fee for the first page of every document recorded. The legislation requires that the County Auditor-Controller conduct two reviews to verify the funds generated by the newly imposed fee are used only for the purpose of implementing the program - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (County Clerk-Recorder) PAGE 14

16 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA - 10:30 A.M * Timed Item - M & T Chico Ranch Mine (MIN 96-03) - consideration of two appeals of the Planning Commission s certification of the Final Environmental Impact Report (EIR) and approval of the M & T Chico Ranch Mine. The project consists of a long-term gravel mining operation proposal by Baldwin Construction. The mining would take place on 193-acres of a 235-acre site over a year period. Reclamation would occur incrementally and would consist of the creation of open-water wetland wildlife habitat and agricultural uses. The aggregate would be processed on a 40-acre area of the site. The project is located on a portion of the Ranch approximately 1.5 miles east of the Sacramento River and approximately 5 miles southwest of Chico. Access to the site would be from River Road, Chico. The APNs are and (formerly and ). On January 8, 2008, the Board heard public testimony and closed the Public Hearing. This item was continued for Board deliberation - action requested - 1. A) UPHOLD THE APPEAL; B) DENY THE MINING USE PERMIT; C) DENY CERTIFICATION OF FINAL EIR; AND D) DIRECT STAFF TO COME BACK WITH FINDINGS. -OR- 2. A) DENY THE APPEAL; B) ADOPT RESOLUTION CERTIFYING THE FINAL EIR, ADOPTING FINDINGS OF FACT AND ADOPTING A MITIGATION MONITORING PLAN AND AUTHORIZE THE CHAIR TO SIGN; AND C) ADOPT RESOLUTION APPROVING THE MINING USE PERMIT AND RECLAMATION PLAN WITH FINANCIAL ASSURANCE ESTIMATE, STATEMENT OF OVERRIDING CONSIDERATIONS, AND CONDITIONS OF APPROVAL AND AUTHORIZE THE CHAIR TO SIGN. (Development Services) 6.00 PUBLIC 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 of Supervisors is prohibited from taking action on any item not listed on the agenda. PAGE 15

17 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA CLOSED SESSION 7.01 ACTUAL LITIGATION PURSUANT TO GOV. CODE SEC (a): FOUR CASES 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. FOGARTY V. CITY OF CHICO, ET AL; USDC CASE NO ; 3. BORGE DEVELOPMENT V. COUNTY OF BUTTE - USDC CASE NO ; 4. BUTTE ENVIRONMENTAL COUNCIL V. BOARD OF SUPERVISORS; BUTTE COUNTY SUPERIOR COURT CASE NO INITIATION OF LITIGATION PURSUANT TO GOV. CODE SEC (C) - TWO POTENTIAL CASES CONFERENCES WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOV. CODE SEC : PROPERTY: A.P. NO AGENCY NEGOTIATOR: GRANT HUNTSICKER NEGOTIATING PARTY: OJI TRUST NEGOTIATIONS: STATUS REPORT ON TERMS PURCHASE PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHILD SUPPORT SERVICES DIRECTOR; CHIEF PROBATION OFFICER. PAGE 16

18 Information and Procedures Concerning the Agenda and Conduct of the Board of Supervisors Meetings Meeting Information: Agenda Information: Agenda Format and Meeting Order: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at the Clerk of the Board website at The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 hours before each meeting, and is available by mail subscription, subscription, or at the Clerk of the Board website. A copy of the agenda and supporting materials provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are available at the Administrative Office upon request. An (*) appearing before an agenda item signifies that material has been provided to the Board of Supervisors members to explain that item. The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. Consent Agenda: these are items that are considered routine and are handled by one motion and vote of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the back of the board room) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from the Consent Agenda, stand and approach the podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda. 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items removed from the Consent Agenda are discussed under this section. 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time listed, but will never start before the time listed.. Public Participation: 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but may respond to statements or questions and provide staff direction 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area of the agenda identifies those items that will be discussed during the closed session. It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with special needs should call the Clerk of the Board at , Monday through Friday, 8:00 a.m. to 5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. For further information contact the: Clerk of the Board of Supervisors County Administrative Office 25 County Center Drive, Oroville, CA

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