BUTTE COUNTY BOARD OF SUPERVISORS MINUTES October 26, 2010

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1 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES October 26, 2010 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

2 Called to order at 9:08 a.m. in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Dolan, Kirk, Lambert, Yamaguchi, and Chair Connelly. Also present: Paul Hahn, Chief Administrative Officer; Bruce Alpert, County Counsel; and Kathleen Moghannam, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence CORRECTIONS AND/OR CHANGES TO THE AGENDA. 1. Fixed Asset Purchase - requests to purchase replacement rotor blades for a 1972 helicopter from California Rotor Support at a cost of $98,025 action requested APPROVE FIXED ASSET PURCHASE (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS; AND AUTHORIZE THE FIXED ASSET PURCHASE. THIS ITEM WAS REMOVED FROM THIS AGENDA. NO ACTION WAS TAKEN ON THIS ITEM. 2. Ratification of Emergency Material Removal and Bank Stabilization Contract - Grading in violation of Chapter 13 of the Butte County Code has been performed on APN Because the owner of the site continued working after the Department issued a stop work notice, the County has obtained an injunction preventing the owner from doing additional work on the site. The work done to date presents a significant threat to Butte Creek and the endangered spring run salmon. In order to prevent environmental harm, the court issued a preliminary injunction which includes the implementation of an emergency stabilization plan. The injunction also orders that the owner of the site guarantee payment for the implementation of the plan in the amount of $55,000. This work will be undertaken by R & R Horn under contract with the county action requested - RATIFY THE EMERGENCY AGREEMENT WITH R & R HORN EXECUTED BY PUBLIC WORKS ON BEHALF OF THE COUNTY. (Public Works) SUPERVISOR KIRK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA CONSENT AGENDA 1. Resolution Recognizing the 30 th Annual Farm City Celebration action requested ADOPT RESOLUTION NO AND AUTHORIZE THE CHAIR TO SIGN. (Agriculture) Board of Supervisors Minutes PAGE 1 October 26, 2010

3 2. Cherokee Restoration Fellowship - agreement with Cherokee Restoration Fellowship which provides long-term residential services and alcohol and drug free housing. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount payable of $36, (department budget utilizing grant funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 3. Skyway House - amendment to the agreement with Skyway House for alcohol and drug treatment programs. The amendment increases the maximum amount payable by $72, (department budget utilizing various grant funds) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 4. Butte County Office of Education (BCOE) - agreement with BCOE to implement an Early Intervention Systems for Youth task force. The term of the agreement is November 1, 2010 through October 31, 2011 with a maximum amount payable of $27,000 (department budget utilizing MHSA funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 5. State of California Department of Alcohol and Drug Programs - Safe and Drug Free Schools and Communities - approval is requested for a revision to this revenue agreement in order to allocate funding for Fiscal Year (FY) , which is Project Year 4. The amount receivable for FY is $150,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 6. Resolution Supporting the California Emerging Technology Fund (CETF) and the Get Connected! Program - The CETF is a non-profit corporation established pursuant to order from the California Public Utilities Commission in approving mergers of SBC-AT & T and Verizon-MCI in Get Connected! is a comprehensive statewide public awareness program that educates targeted populations about the economic and social benefits of broadband connectivity action requested ADOPT THE RESOLUTION NO AND AUTHORIZE THE CHAIR TO SIGN. (Supervisor Connelly) Board of Supervisors Regular Meeting Calendar - action requested - APPROVE AND ADOPT 2011 REGULAR BOARD MEETING CALENDAR, AMENDING IF NEEDED. (Chief Administrative Office) 8. Paul Gosselin - employment agreement with Paul Gosselin as the Director of Water and Resource Conservation. The term of the agreement is November 27, 2010 through November 26, 2013 with an annual salary of $131,067, which is the same rate as the prior term - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Chief Administrative Office) Board of Supervisors Minutes PAGE 2 October 26, 2010

4 9. Budgetary Adjustment due to timing of grant funding, a budgetary adjustment is necessary to reflect Homeland Security Grant Program and the Interoperability Emergency Communications Grant Program funds that were awarded in prior years but will be received and spent in Fiscal Year The requested adjustment includes the FY 2008 Homeland Security Grant Program ($16,510), the FY 2009 Interoperability Emergency Communications Grant Program ($182,128) and the FY 2009 Homeland Security Grant Program ($137,294). Examples of how the funding will be used include training, updating the County s Emergency Operations Plan, purchase of an Incident Command Vehicle communication package (fixed asset), and a narrowband project and interoperability assessment for the counties that comprise the North Area Region action requested APPROVE BUDGETARY ADJUSTMENT AND AUTHORIZE FIXED ASSET PURCHASE OF VEHICLE COMMUNICATION PACKAGE. (Chief Administrative Office) 10. Approval of Minutes submitted are minutes for the meetings of September 27, 2010; October 12, 2010 and October 14, action requested - APPROVE MINUTES. (Chief Administrative Office) 11. Request for County Building Permit Fee Waiver - Patrick Ranch, Midway Avenue (APN ) Far West Heritage Association, a non-profit organization, has submitted a request for waiver of county-wide impact fees to modify the interior of an existing 5,430 square-foot ranch building. This facility is part of a larger collection of buildings and ranch property that represent the Patrick Ranch Museum. The total estimate of county fees for this is $12, 072, not including any applicable school district or parks and recreation district fee or other non-county fees required at the time of the building permit. The Far West Heritage Association has requested waiver of only the county-wide impact fees totaling $5, There may be minor adjustments to the fee as calculated with the actual building permit application. Pursuant to Butte County Code 1-18, the Board can waive certain fees for a non-profit charitable organization - action requested APPROVE REQUEST FOR WAIVER OF COUNTY-WIDE IMPACT FEES. (Development Services) 12. Butte County Behavioral Health Department (BCDBH) - amendment to the agreement with the BCDBH for alcohol and other drug, mental health, and domestic abuse treatment services to CalWORKS participants. The amendment increases the maximum amount payable by $900,116 (utilizing MHSA funds) and provides for an additional payment of $100,000 to the BCDBH if CalWORKS funds are available at the end of the fiscal year. There is no impact to the General Fund - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Employment and Social Services) 13. Butte County Department of Behavioral Health (BCDBH) - agreement with BCDBH for mental health and/or alcohol and drug treatment services for children, parents and family members who are at risk of child abuse and in need of prevention or intervention services. The term of the agreement is July 1, 2010 through June 30, BCDBH will provide $227,307 in services and DESS will provide $400,000 in services - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Employment and Social Services) Board of Supervisors Minutes PAGE 3 October 26, 2010

5 14. Surplus Property the department requests approval to surplus the following vehicles or equipment: 1) Console-8 Channel Remote; 2) Two 1998 Ford Expeditions; 3) Power Hawk Rescue Equipment; 4) 1972 Fire Engine; 5) 1973 Fire Engine; and 6) 1997 Ford Expedition. The items no longer meet the needs of the department and can be sold at a future auction or sale action requested DECLARE VEHICLES AND EQUIPMENT SURPLUS; AND REMOVE EACH FROM THE FIXED ASSET LEDGER. (Fire) 15. Ratify Signature for Agreement with the Charis Youth Center in accordance with Section 8.14 of the County s Contracts and Purchasing Policies and Procedures, ratification is requested on behalf of the Behavioral Health Department for the agreement with the Charis Youth Center where work was performed prior to a fully executed agreement being obtained. Behavioral Health and General Services staff worked with Charis Youth Center from March through the end of September 2010 to obtain an agreement that was acceptable to both parties. The County was required to execute the agreement prior to October 1, 2010, in order to bill Medi-Cal for the costs incurred in March 2010, therefore the General Services Contracts Manager signed the contract - action requested - RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (General Services) 16. Resolution to Amend the Salary Ordinance The resolution will amend the salary ordinance as follows: CHILD SUPPORT requests to delete two Child Support Assistant sunset positions that were previously scheduled to end June 30, The positions are being deleted earlier than expected due to the elimination of projects that were assigned to these positions. These changes will decrease the total allocations in the department from to DISTRICT ATTORNEY requests to add one position of Investigator II/I. This position will be funded for the next three years by the COPS Methamphetamine Inventive Grant. This position will work with the Drug Endangered Children Program. This change will increase the total allocations in the department from 84.5 to BEHAVIORAL HEALTH requests to delete one vacant position of Medical Records Technician, Senior/Medical Records Technician and add one flexibly staffed positions of Office Specialist, Senior/Office Specialist/Office Assistant. The allocation is being moved from Clinical to Administrative Support to better fit the needs of the department. There is no salary increase or decrease associated with this change. In addition the department requests delete one Behavioral Health Counselor II/I position and add one flexibly staffed position of Staff Nurse, Senior/Staff Nurse/Staff Nurse, Associate. This change will allow greater flexibility and increase medical care in the department. The department also requests to add one flexibly staffed position of Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate and one flexibly staffed position of Financial Technician, Senior or Financial Technician. Once these positions are filled via an internal recruitment, the vacated positions will then be deleted at a later meeting. These changes will allow for greater flexibility of duties within the department without increasing staffing and without increasing costs by a significant amount. These changes will increase the total allocations in the department from to initially until the two vacated positions are eliminated Board of Supervisors Minutes PAGE 4 October 26, 2010

6 at a later date. PUBLIC HEALTH: The Public Health Department is requesting to delete one (1) vacant position of Supervisor, Public Health Education and add one (1) flexibly staffed position of Administrative Analyst, Senior/Administrative Analyst/Administrative Analyst, Associate. This change is being made due to restructuring and shifting of duties within the department. In addition the department requests to add one (1) flexibly staffed position of Public Health Nurse, Senior/Public Health Nurse/Public Health Nurse, Associate/Staff Nurse, Senor/Staff Nurse/Staff Nurse, Associate. This position will be assigned to the new Options for Recovery program and will be fully funded by grants. These changes will increase the total allocations in the department from to action requested ADOPT RESOLUTION NO AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) 17. T-Mobile Agreement - In the early 1990 s the Federal Government elected to auction-off portions of the microwave spectrum to the private sector due to increased consumer demand for wireless communication devices (cell phones, wireless devices, etc.). The spectrum licensed to the Butte County microwave system was affected by this sale and was purchased by T-Mobile. T- Mobile wants to begin transitioning the County off the spectrum in accordance with FCC guidelines, which require T-Mobile to replace/relocate existing County microwave infrastructure with as good as/or better than what is in current use - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Information Systems) 18. Library Donations The Library has received the following donations for books: $1,025 from Chico Friends of the Library; $1,200 from Oroville Friends of the Library; $2, from an anonymous source; and $200 from Maudie Penney action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. (Library) 19. Northern Valley Indian Health (NVIH) - agreement with NVIH for services related to the Women, Infants and Children (WIC) program. The term of the agreement is October 1, 2010 through September 30, 2011 with a maximum amount payable of $25,600 (department budget utilizing grant funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health) 20. California Health Collaborative - agreement with California Health Collaborative to assist the Public Health Department to meet the State approved Work Plan and Objectives for the Tobacco Education Program. A request for qualifications (RFQ) was issued to approximately 20 organizations and was due by August 31, The California Health Collaborative was the sole responder to the RFQ and met all the requirements. The term of the agreement is October 26, 2010 through June 30, 2013 with a maximum amount receivable of $123,060 (department budget utilizing State funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health) Board of Supervisors Minutes PAGE 5 October 26, 2010

7 21. Butte County Public Law Library 2009 Annual Report - action requested - ACCEPT FOR INFORMATION. (Other Departments and Agencies) I MOVE TO ADOPT THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.22 WHICH WAS REMOVED FROM THE AGENDA WITH NO ACTION AND WITH THE EXCEPTION OF ITEM 3.21 WHICH WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. PRESENTATION OF RESOLUTION ADOPTED ON THE CONSENT AGENDA REGULAR AGENDA Boards, Commissions and Committees 1. Appointments to Listed Vacancies (NONE) SUPERVISOR DOLAN RECOGNIZED BARNEY FLYNN JR. FOR HIS SERVICE TO THE PEOPLE OF BUTTE COUNTY. HE HAD SERVED AS AN ORIGINAL MEMBER OF THE RESOURCE CONSERVATION DISTRICT. MR. FLYNN PASSED AWAY ON OCOTBER 10, California State Association of Counties Board of Directors - action requested - APPOINT REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO A ONE YEAR TERM BEGINNING NOVEMBER 16, I MOVE TO APPOINT SUPERVISOR KIRK AS PRIMARY REPRESENTATIVE AND SUPERVISOR LAMBERT AS ALTERNATE REPRESENTATIVE. Board of Supervisors Minutes PAGE 6 October 26, 2010

8 Board Member or Committee Reports SUPERVISOR YAMAGUCHI REPORTED THAT THE BEHAVIORAL HEALTH BOARD HAS MOVED THEIR REGULAR MEETINGS TO THE 3 RD WED OF EVERY MONTH FROM 2:45 TO 5:00 P.M Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORT. (19:05) Ameresco Butte County LLC On August 10, 2010, Ameresco reported to the Board of Supervisors on the landfill gas to energy project at the Neal Road Recycling and Waste facility. It was reported that there was not as much landfill gas as initially anticipate, and Ameresco proposed to temporarily downsize the project until sufficient gas quantity was developed to meet the company s original model. At the Board s direction, county staff has negotiated an amendment to the original agreement. The proposed amendment provides the term extension, revised royalty payments, and assurances related to certain milestones action requested APPROVE AGREEMENT AMENDMENT TO THE LANDFILL GAS PURCHASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Public Works) MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, PROVIDED A REPORT. I MOVE TO APPROVE AGREEMENT AMENDMENT TO THE LANDFILL GAS PURCHASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. M 2 PUBLIC HEARINGS AND TIMED ITEMS Public Hearing - Appeal of Encroachment Permit Denial (No. PW ) - consideration of an appeal of the denial of an encroachment permit for the property located at 2001 Dayton Road, Chico CA (APN ). Cummings-Violich, Inc. wants to place natural gas lines under Dayton Road to power two pumps located on two separate parcels. Staff recommended denial of this appeal due to safety concerns - action requested - UPHOLD PUBLIC WORKS DECISION AND DENY APPEAL. (Public Works) SHAWN O BRIEN, ASSISTANT DIRECTOR OF PUBLIC WORKS PROVIDED A REPORT. PUBLIC HEARING OPENED: 9:35 A.M. PUBLIC HEARING CLOSED: 9:40 A.M. Board of Supervisors Minutes PAGE 7 October 26, 2010

9 THE FOLLOWING INDIVIDUALS ADDRESSED THE BOARD: DUDLEY. JENNIFER GODDARD AND MIKE I MOVE TO UPHOLD THE APPEAL WITH THE FOLLOWING CONDITIONS: 1) THE OWNER MUST OBTAIN A CERTIFICATE OF INSURANCE TO REDUCE COUNTY LIABILITY (36:11) AND 2) ENCASE THE GAS LINE IN A STEEL OR IRON PIPELINE FOR SAFETY REASONS. 1 Y 2 Y 3 N 4 Y 5 Y (MOTION CARRIED 4-1) Public Hearing - Itemized Cost of Nuisance Abatement for 680 Siskiyou Avenue, Oroville, APN (CE ) - This property was abated by the County between April 22 and May 12, action requested - APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $16, AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (Department of Development Services) PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. LISA LAM, SUPERVISOR FROM THE TREASURER/TAX COLLECTOR S OFFICE PROVIDED INFORMATION REGARDING THE LIEN PAYMENT PROCESS. THE BOARD REQUESTED STAFF PROVIDE A WRITTEN REPORT TO DETERMINE IF AND HOW THE LIENS FOR NUISANCE ABATEMENTS CAN BE HANDLED IN THE SAME OR SIMILAR MANNER THAT LOANS ARE HANDLED FOR COMMUNITY DEVELOPMENT BLOCK GRANTS. PUBLIC HEARING OPENED: 10:00 A.M. PUBLIC HEARING CLOSED: 10:00 A.M. I MOVE TO APPROVE THE PLACEMENT OF A LIEN ON THE PROPERTY IN THE AMOUNT OF $16, AND ORDER THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. M Timed Item Matter On Which a Public Hearing Has Been Held and Closed and Motion of Intent Adopted - Paradise Summit TSM and PUD (Wyckoff) - The Board of Supervisors continued this matter to October 26, Another continuance is needed to review additional issues pertaining to this project - action requested CONTINUE ITEM TO FUTURE BOARD OF SUPERVISORS MEETING. (Department of Development Services) I MOVE TO CONTINUE THIS ITEM TO NOVEMBER 23, 2010 AT 11:00 A.M. Board of Supervisors Minutes PAGE 8 October 26, 2010

10 REGULAR AGENDA Compliance with Superior Court Ruling in Signalized Intersection West, LLC vs. Butte County Board of Supervisors, et al Butte County Superior Court Case No (APNs and ) As a result of the Ruling on the Petition for Writ of Mandate filed by Butte County Superior Court on July 14, 2010 and the Judgment Granting Petition for Writ of Mandate and Peremptory Writ of Mandate filed on August regarding Resolution which was adopted November 4, 2008 denying GRD06-01 for the applicant, Signalized Intersection West, LLC. The Peremptory Writ of Mandate directs Butte County to file a return to the Court demonstrating compliance by November 9, 2010 and requires the County to set aside Resolution and reconsider Signalized Intersection West s grading permit application actions requested 1. ADOPT RESOLUTION NO TO SET ASIDE AND VACATE RESOLUTION DENYING GRADING PERMIT APPLICATION (GRD06-01); 2. DIRECT PLANNING DIVISION TO EVALUATE ALL RELEVANT ISSUES AND REVISE THE MITIGATED NEGATIVE DECLARATION PREPARED FOR GRD AS NECESSARY; AND 3. SCHEDULE A PUBLIC HEARING FOR DECEMBER 14, 2010 IN ORDER TO RECONSIDER GRD (Department of Development Services) PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT TO THE BOARD. (55:52) BRUCE ALPERT, COUNTY COUNSEL PROVIDED A REPORT. I MOVE TO ADOPT RESOLUTION TO SET ASIDE AND VACATE RESOLUTION DENYING GRADING PERMIT APPLICATION (GRD06-01); DIRECT PLANNING DIVISION TO EVALUATE ALL RELEVANT ISSUES AND REVISE THE MITIGATED NEGATIVE DECLARATION PREPARED FOR GRD AS NECESSARY; AND SCHEDULE A PUBLIC HEARING FOR DECEMBER 14, 2010 IN ORDER TO RECONSIDER GRD (1:05:26) M 2 Board of Supervisors Minutes PAGE 9 October 26, 2010

11 Items Removed from the Consent Agenda for Board Consideration and Action. Ratification of Emergency Material Removal and Bank Stabilization Contract - Grading in violation of Chapter 13 of the Butte County Code has been performed on APN Because the owner of the site continued working after the Department issued a stop work notice, the County has obtained an injunction preventing the owner from doing additional work on the site. The work done to date presents a significant threat to Butte Creek and the endangered spring run salmon. In order to prevent environmental harm, the court issued a preliminary injunction which includes the implementation of an emergency stabilization plan. The injunction also orders that the owner of the site guarantee payment for the implementation of the plan in the amount of $55,000. This work will be undertaken by R & R Horn under contract with the county action requested - RATIFY THE EMERGENCY AGREEMENT WITH R & R HORN EXECUTED BY PUBLIC WORKS ON BEHALF OF THE COUNTY. (Public Works) SUPERVISOR KIRK REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. MIKE CRUMP, DIRECTOR OF PUBLIC WORKS AND SHAWN O BRIEN, ASSISTANT DIRECTOR OF PUBLIC WORKS PROVIDED A REPORT. I MOVE TO RATIFY THE EMERGENCY AGREEMENT WITH R & R HORN EXECUTED BY PUBLIC WORKS ON BEHALF OF THE COUNTY. M 2 PUBLIC COMMENT (None) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. (NONE) RECESS Recessed at 10:30 a.m. as the Butte County Board of Supervisors and convened as the Thompson Flat Cemetery District Board of Directors. Board of Supervisors Minutes PAGE 10 October 26, 2010

12 THOMPSON FLAT CEMETERY DISTRICT BOARD OF DIRECTORS MINUTES OCTOBER 26, Called to order at 10:30 a.m. in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Dolan, Kirk, Lambert, Yamaguchi and Chair Connelly. Also present: Assistant Clerk, Kathleen Moghannam. AGENDA ITEMS (No Items) PUBLIC COMMENT (None) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board is prohibited from taking action on any item not listed on the agenda. ADJOURNMENT Adjourned at 10:30 a.m. as the Thompson Flat Cemetery District Board of Directors and convened as the Butte County In-Home Supportive Services Public Authority Board. Board of Supervisors Minutes PAGE 11 October 26, 2010

13 BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES OCTOBER 26, 2010 Called to order at 10:31 a.m. in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Members present: Dolan, Kirk, Lambert, Yamaguchi and Chair Connelly. Also present: Assistant Clerk, Kathleen Moghannam CONSENT AGENDA Eva Stafford employment agreement with Eva Stafford as Public Authority Supervisor. The term of the agreement begins November 1, action requested APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND AUDITOR-CONTROLLER. I MOVE TO APPROVE THE CONSENT AGENDA. PUBLIC COMMENT (None) Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board is prohibited from taking action on any item not listed on the agenda. ADJOURNMENT Adjourned at 10:32 a.m. as the In-Home Supportive Services Public Authority Board and reconvened as the Butte County Board of Supervisors. Board of Supervisors Minutes PAGE 12 October 26, 2010

14 CLOSED SESSION THE BOARD RECESSED AT 10:35 A.M. TO CLOSED SESSION REGARDING: CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION : 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 (a) TWO CASES: 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. COUNTY OF BUTTE V. BESSOLO, SUPERIOR COURT CASE NO SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SECTION (b)(1) TWO POTENTIAL CASES THE BOARD RECONVENED AT 1:30 P.M. FROM CLOSED SESSION REGARDING: CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION : 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 (a) TWO CASES: 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. COUNTY OF BUTTE V. BESSOLO, SUPERIOR COURT CASE NO SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOV. CODE SECTION (b)(1) TWO POTENTIAL CASES. (No Announcements) Board of Supervisors Minutes PAGE 13 October 26, 2010

15 Public Hearing - Butte County General Plan 2030 consideration of final actions needed for the adoption of Butte County General Plan 2030 actions requested 1. CERTIFY THE DRAFT BUTTE COUNTY GENERAL PLAN 2030 FINAL ENVIRONMENTAL IMPACT REPORT (FIER) PURSUANT TO CEQA; 2. ADOPT BUTTE COUNTY GENERAL PLAN 2030; 3. ADOPT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PLAN PURSUANT TO CEQA; 4. APPROVE ASSOCIATED AMENDMENTS TO THE NORTH CHICO SPECIFIC PLAN. 5. APPROVE ASSOCIATED AMENDMENTS TO THE STRINGTOWN MOUNTAIN SPECIFIC PLAN; 6. APPROVE A GENERAL PLAN AMENDMENT TO THE HOUSING ELEMENT AND ASSOCIATED ADDENDUM TO THE NEGATIVE DECLARATION; 7. APPROVE THE GENERAL PLAN 2030 ACTION PLAN; AND 8. DIRECT STAFF TO INITIATE A GENERAL PLAN AMENDMENT SOLELY TO CONSIDER THE RE- DESIGNATION OF APPROXIMATELY 4,566 ACRES OF LAND CURRENTLY DESIGNATED AGRICULTURE TO RURAL RESIDENTIAL IN THE BIGGS, GRIDLEY, AND PALERMO AREAS. (Department of Development Services) TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT DAN BREEDON, PRINCIPAL PLANNER WITH DEVELOPMENT SERVICES PROVIDED A REPORT. (18:14) TANYA SUNDBERG WITH DESIGN, COMMUNITY AND ENVIRONMENT (DC&E) PROVIDED A REPORT. (52:43) PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION PROVIDED A REPORT. (54:36) PUBLIC COMMENT THE FOLLOWING MEMBERS OF THE PUBLIC ADDRESSED THE BOARD: TONY ST. AMANT, AMANDA PYLE, ROBERT BOYLE, RICK SWITZER (1:34:42), TERE LAWRENCE, TANYA DUNLAP, ROBIN HUFFMAN (1:40:04), DESIREE HATTON, RICHARD HARRIMAN (1:49:17), ANTHONY TORREANO, LISA CREAMER O DONNELL RECESS: RECONVENE: 3:46 P.M. 3:54 P.M. PUBLIC COMMENT (con t) BILLIE RONEY, BARBARA HENNIGAN (2:13:36), GRACIE MARVIN, SEAN HORNING, AND JOHN SCOTT. Board of Supervisors Minutes PAGE 14 October 26, 2010

16 PAUL GOSSELIN, DIRECTOR OF WATER AND RESOURCE CONSERVATION ANSWERED QUESTIONS FROM THE BOARD. (2:28:02) A. CERTIFICATION OF THE DRAFT BUTTE COUNTY GENERAL PLAN 2030 FINAL EIR REPORT PURSUANT TO CEQA. (Resolution No ) I MOVE TO CERTIFY THE DRAFT BUTTE COUNTY GENERAL PLAN 2030 FINAL ENVIRONMENTAL IMPACT REPORT WITH THE AMENDMENTS AS READ INTO RECORD. 1 Y 2 Y 3 Y 4 Y 5 N (MOTION CARRIED 4-1 ) B. ADOPTION OF FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PLAN PURSUANT TO CEQA. (Resolution No ) I MOVE TO ADOPT FINDINGS OF FACT AND STATEMENT OF OVERRIDING CONSIDERATIONS, AND MITIGATION MONITORING AND REPORTING PLAN PURSUANT TO CEQA AS READ INTO RECORD. 1 Y 2 Y 3 Y 4 Y 5 N (MOTION CARRIED 4-1) C. ADOPTION OF BUTTE COUNTY GENERAL PLAN (Resolution No ) I MOVE TO ADOPT BUTTE COUNTY GENERAL PLAN M 2 1 Y 2 Y 3 Y 4 Y 5 N (MOTION CARRIED 4-1 ) D. APPROVAL ASSOCIATED AMENDMENTS TO THE NORTH CHICO SPECIFIC PLAN. (Resolution No ) I MOVE TO APPROVE THE ASSOCIATED AMENDMENTS TO THE NORTH CHICO SPECIFIC PLAN. E. APPROVAL OF ASSOCIATED AMENDMENTS TO THE STRINGTOWN MOUNTAIN SPECIFIC PLAN. (Resolution No ) I MOVE TO APPROVE THE ASSOCIATED AMENDMENTS TO THE STRINGTOWN MOUNTAIN SPECIFIC PLAN. M 2 Board of Supervisors Minutes PAGE 15 October 26, 2010

17 F. DIRECTION TO STAFF TO INITIATE A GENERAL PLAN AMENDMENT SOLELY TO CONSIDER THE RE- DESIGNATION OF APPROXIMATELY 4,566 ACRES OF LAND CURRENTLY DESIGNATED AGRICULTURE TO RURAL RESIDENTIAL IN THE BIGGS, GRIDLEY, AND PALERMO AREAS. (Resolution No ) I MOVE TO DIRECT STAFF TO INITIATE A GENERAL PLAN AMENDMENT SOLELY TO CONSIDER THE RE- DESIGNATION OF APPROXIMATELY 4,566 ACRES OF LAND CURRENTLY DESIGNATED AGRICULTURE TO RURAL RESIDENTIAL IN THE BIGGS, GRIDLEY, AND PALERMO AREAS. (3:02:46) 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY ) G. APPROVAL OF THE GENERAL PLAN AMENDMENT TO THE HOUSING ELEMENT AND ASSOCIATED ADDENDUM TO THE NEGLATIVE DECLARATION. (Resolution No ) I MOVE TO APPROVE GENERAL PLAN AMENDMENT TO THE HOUSING ELEMENT AND ASSOCIATED ADDENDUM TO THE NEGLATIVE DECLARATION. M 2 H. APPROVAL OF THE GENERAL PLAN 2030 ACTION PLAN. (Resolution No ) I MOVE TO APPROVE THE GENERAL PLAN 2030 ACTION PLAN. M 2 ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 4:55 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD OF SUPERVISORS TO BE HELD TUESDAY, NOVEMBER 9, 2010 AT 9:00 A.M. ATTEST: BILL CONNELLY, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS Paul Hahn, Chief Administrative Officer and Clerk of the Board By: Board of Supervisors Minutes PAGE 16 October 26, 2010