HomeMy WebLinkAboutA030105BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
MARCH 1, 2005
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County Supervisors
Bill Connelly, District 1
Jane Dolan, District 2
Mary Anne Houx, District 3
Curt Josiassen, District 4
Kim Yamaguchi, District 5
Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel
Officer and Clerk of the Board
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BUTTE COUNTY BOARD OF SUPERVISORS
9:00 A.M. 1.00
1.01
1.02
1.03
2.00
CALL TO ORDER
Call to Order
Administration
Oroville.
AGENDA -MARCH 1, 2005
- Board of Supervisors Room, County
Building, 25 County Center Drive,
Pledge of Allegiance to the Flag of the United States
of America.
Observation of a Moment of Silence.
CORRECTIONS AND~OR CHANCQES TO THE ACQENDA.
3.00 CONSENT ACQENDA
BEHAVIORAL
HEALTH 3.01 * Accularm Security Systems - Amendment - approval is
requested for an amendment to the agreement with
Accularm Security Systems for the provision of monthly
monitoring of the security systems at the Oroville
Adult Treatment Court Services Office and Oroville
Community Counseling Center. The amendment increases
the maximum amount payable for fiscal year 2004-2005 by
$48, and for fiscal year 2005-2006 by $96 (department
budget), as a result of a monthly service rate increase
of $8. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract
No. X11674)
3.02 * Landmark Medical Center - Amendment - approval is
requested for an amendment to the agreement with
Landmark Medical Center for the provision of community
mental health services for chronically mentally
disordered patients. The amendment decreases the
maximum amount payable for fiscal year 2004-2005 by
$4,140, and revises agreement language regarding
reimbursement provisions. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X15026)
3.03 * State of California, Department of Mental Health -
approval is requested for a Performance Contract with
the State of California, Department of Mental Health,
for the State's provision of Community Mental Health
Services pursuant to Welfare and Institutions Code
Section 5602. The term of the agreement is
July 1, 2004, through June 30, 2005. There is no
funding associated with the Performance Contract -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN; AND APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL.
PAGE 1 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 1, 2005
3.04 * State of California, Department of Mental Health -
Amendment - approval is requested for an amendment to
the revenue agreement with the State of California,
Department of Mental Health, for the County's
management of mental health services for Medi-Cal
beneficiaries. The amendment increases the County's
allocation for fiscal year 2004-2005 by $205,427 for
Phase I and Phase II services, and revises agreement
provisions - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.05 * Grant Augmentation - approval is requested to accept
and appropriate $26,000 in grant funds received from
the State of California, Department of Alcohol and Drug
Programs, as an augmentation to the Safe and Drug Free
Schools and Communities Grant. The funds are used to
enhance and expand drug and violence prevention
services in Butte County. The department is requesting
to appropriate $19,500 of the funds - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
3.06 * Victor D. Mlotok, M.D. - Amendment - approval is
requested for an amendment to the agreement with Victor
D. Mlotok, M.D., for the provision of professional
medical and psychiatric services. The amendment
increases the maximum amount payable by $1,445
(department budget) for on-call services. All other
terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (Contract No. X14935)
3.07 * Children's System of Care Funding for Fiscal Year 2003-
2004 - approval is requested to accept and appropriate
$200,400 in fiscal year 2003-2004 carryover funds from
the Children's System of Care program - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
PAGE 2 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 1, 2005
CHIEF
ADMINISTRATIVE
OFFICE 3.08 * Funding for Agreement - on January 25, 2005, the Board
approved an agreement with Faramarz M. Yazadani of
FMY, Inc., to assist County Counsel with Federal Energy
Regulatory Commission issues associated with re-
licensing of the facility at Lake Oroville. Approval
is requested for a transfer of $35,000 from the General
Fund Appropriation for Contingencies to provide the
needed funding - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE FROM THE GENERAL
FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE
AGENDA REPORT.
3.09 * Increased Funding for Publication Costs - approval is
requested for a transfer of $25,000 from the General
Fund Appropriation for Contingencies to provide
publication funds for mandatory notices by the Clerk of
the Board for the remainder of the fiscal year. The
current fiscal year's costs have been higher than
expected and the current fiscal year's budget has been
exhausted - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE FROM THE GENERAL
FUND APPROPRIATION FOR CONTINGENCIES FUND AS DETAILED
IN THE AGENDA REPORT.
CLERK OF
THE BOARD 3.10 * Approval of Minutes - action requested - APPROVE
MINUTES OF JUNE 8, 2004; JANUARY 11, 2005; AND
JANUARY 25, 2005; WITH THE NOTATION THAT SUPERVISOR
CONNELLY WILL ABSTAIN FROM APPROVAL OF THE 2004
MINUTES.
COUNTY
COUNSEL 3.11 * Local Agency Biennial Report (Exempt) - the following
districts have reviewed their Local Agency Biennial
Reports and have determined that the conditions of
exemption still exist: Drainage District No. 200, Pine
Creek Cemetery District, and Upham Cemetery District.
County Counsel has reviewed the attached Local Agency
Biennial Reports and finds them to be proper - action
requested - ACCEPT 2004 LOCAL AGENCY BIENNIAL REPORTS.
3.12 * Local Agency Biennial Conflict of Interest Codes (Non-
exempt) - the following districts have reviewed their
Conflict of Interest Codes and have determined that
their Codes are current and not in need of revision:
Paradise Irrigation District, Richardson Springs
Community Services District, Richvale Recreation and
Park District, and Rock Creek Reclamation District.
County Counsel has reviewed the attached notices and
finds them to be proper - action requested - ACCEPT
2004 LOCAL AGENCY BIENNIAL CONFLICT OF INTEREST CODE
NOTICES.
PAGE 3 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 1, 2005
3.13 * Regional and Economic Sciences - Amendment - approval
is requested for an amendment to the agreement with
Regional and Economic Sciences for research related to
the analysis of the socio-economic impact of Project
2100 (the Lake Oroville Dam) on the economy of Butte
County. The amendment extends the term of the
agreement through January 1, 2006, and provides
language clarifications with regard to reporting
requirements and consulting services. All other terms
and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN.
DISTRICT
ATTORNEY 3.14 * Butte County District Attorney/Butte County Child
Support Services - Plan of Cooperation - approval is
requested for a Plan of Cooperation with the Department
of Child Support Services for the investigation of
cases involving non-payment of child support. The term
of the agreement is July 1, 2004, through
June 30, 2005, with the Department of Child Support
Services reimbursing the District Attorney's Office for
services in an amount not to exceed $164,000 (Child
Support Services budget). The District Attorney's
budget included $123,325 for Child Support
investigations, and Board approval is also requested to
accept and appropriate the remaining funds - action
requested - APPROVE PLAN OF COOPERATION AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER; AND APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
EMPLOYMENT
AND SOCIAL
SERVICES 3.15 * Resolution Requesting a Waiver of Work Requirement for
Able-Bodied Adults Without Dependents Due to High
Unemployment Rates in Butte County - approval is
requested for a resolution applying to the United
States Department of Agriculture for an Able-Bodied
Adults Without Dependents (ABAWD) Work Requirement
Waiver which will allow non-exempt ABAWDs to receive
food stamp benefits beyond the limit of three months in
three years. The waiver eligibility is based on
unemployment rates in the County. The additional
benefits are provided by the United States Department
of Agriculture at no cost to the County - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
PAGE 4 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 1, 2005
FIRE
DEPARTMENT 3.16 * Vehicle Purchase and Budget Transfer - approval is
requested to award a bid for the purchase of a
Hazardous Materials Vehicle to low bidder Placer Fire
Equipment, Inc., in the amount of $237,232.71. Funding
for the purchase will be provided through a combination
of grant funds ($185,000) and County matching funds
($40,000), with the remaining funds to be provided by
purchase reductions in the HazMat Trust Fund ($12,233).
Board approval is also requested for a budget transfer
necessary to allocate the funding for the purchase -
action requested - AWARD BID FOR PURCHASE OF HAZARD
MATERIALS VEHICLES TO PLACER FIRE EQUIPMENT, INC., IN
THE AMOUNT OF $237,232.71; AND APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
3.17 * Vehicle Purchase and Budget Transfer - approval is
requested to award a bid for purchase of a Light Fire
Rescue Apparatus Vehicle for the Forest Ranch Volunteer
Fire Company to low bidder Wittmeier Chevrolet in the
amount of $41,263.37 plus tire fees. Funding for the
purchase is available through a combination of
Community Cost Share funds ($20,631), Water Tender
Earnings funds ($4,617), Volunteer Fire Budget funds
($1,334), and funds raised during the Fire on the
Fairway fund-raising event ($14,682). Board approval
is also requested for a budget transfer necessary to
allocate the funding for the purchase - action
requested - AWARD BID FOR PURCHASE OF LIGHT FIRE RESCUE
APPARATUS VEHICLE TO WITTMEIER CHEVROLET, IN THE AMOUNT
OF $41,263.37; AND APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED
IN THE AGENDA REPORT.
GENERAL
SERVICES 3.18 * State Homeland Security Grant Program, Fiscal
Year 2005 - approval is requested to apply to the
Office of Homeland Security for $618,466 in grant funds
under the State Homeland Security Grant Program. The
funds will be used for emergency prevention,
preparedness, and response personnel to prevent, deter,
respond, and recover from threats and incidents of
terrorism - action requested - ADOPT RESOLUTION
APPROVING APPLICATION FOR GRANT FUNDS AND AUTHORIZE THE
CHAIR TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER, GENERAL SERVICES DIRECTOR AND EMERGENCY
SERVICES OFFICER TO SERVE AS AUTHORIZED REPRESENTATIVES
FOR THE RECEIPT, PROCESSING AND COORDINATION OF GRANT
RELATED ACTIVITIES.
PAGE 5 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 1, 2005
3.19 * Fixed Asset Purchase and Budget Transfer - approval is
requested for the fixed asset purchase of two portable
weather stations in the amount of $28,500 and an IChem
Spectral Library in the amount of $7,000. The
equipment is an authorized purchase under the fiscal
year 2004 Homeland Security Grant Guidelines and will
be issued to HAZMAT teams once received. Board
approval is also requested for a budget transfer of
grant funds to provide the allocation needed for the
purchases - action requested - APPROVE A BUDGET
TRANSFER AS DETAILED IN THE AGENDA REPORT; AND APPROVE
FIXED ASSET PURCHASE OF EQUIPMENT AS DETAILED IN THE
AGENDA REPORT.
3.20 * Fixed Asset Authorization and Budget Transfer -
approval is requested to increase the authorization for
purchase of equipment under the Homeland Security
Grant, Part II, fiscal year 2003, in the amount of
$1,832 to cover the cost of sales tax and shipping
associated with the equipment purchases. Funding for
the increase is available in other budget line items
and Board approval is also requested for a transfer of
those funds - action requested - APPROVE INCREASE IN
FIXED ASSET PURCHASE AUTHORITY BY $1,832; AND APPROVE
A BUDGET TRANSFER AS DETAILED IN THE AGENDA REPORT.
3.21 * RRM Design Group - Amendment - approval is requested
for an amendment to the agreement with RRM Design Group
for pre-design and schematic design services for the
Butte County Fire Station 42 relocation project. The
amendment reduces the maximum amount payable to
$17,255.57, the amount already expended under the
agreement, and terminates the agreement with the
County. The City of Chico will be assuming control of
the project and will enter into their own agreement for
completion of the project - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.22 * Courthouse Expansion Project - approval is requested to
accept and appropriate $17,677 received from the
Superior Court of California, County of Butte, to fund
change order numbers 12 through 15 for the Courthouse
Expansion Project - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
PAGE 6 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 1, 2005
Hur~v
RESOURCES 3.23 * Building Crafts Workers Shift Hours Side Letter
Agreement - approval is requested for a side letter
agreement with the Butte County Employees' Association
which will establish a Call Back Availability Schedule
for the Building Crafts Workers, Senior classification
and provide compensation for the status as a means to
address facilities needs for the Corrections Division -
action requested - APPROVE SIDE LETTER AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
3.24 * Resolution to Amend the Salary Ordinance - the
department has prepared a resolution which will amend
the salary ordinance as follows: ADMINISTRATIVE -
deletes one flexibly staffed position of Supervisor,
Support Services/Administrative Assistant. Adds one
position of Manager, Support Services. ASSESSOR -
deletes one flexibly staffed position of Office
Specialist/Office Assistant. Adds one flexibly staffed
position of Assessment Clerk, Senior/Assessment
Clerk/Office Specialist, Senior/Office Specialist/
Office Assistant. DISTRICT ATTORNEY-CRIMINAL - deletes
one flexibly staffed sunset position of Deputy District
Attorney IV/III/II/I (position end date 6-30-05), and
one flexibly staffed position of Deputy District
Attorney IV/III/II/I Adds one position of
Supervisor, Deputy District Attorney. DISTRICT
ATTORNEY-CHILD SUPPORT INVESTIGATIONS - increases a
one-half time position of Investigator II to a full-
time position. DEVELOPMENT SERVICES - deletes one
position of Administrative Assistant. Adds one
flexibly staffed position of Office Specialist,
Senior/Office Specialist/Office Assistant, and one
position of Assistant Director Development Services.
PUBLIC HEALTH-GENERAL SERVICES - adds one and a half
positions of Nutrition Specialist, Senior/Nutrition
Specialist. CHILD SUPPORT SERVICES - deletes two
positions of Paralegal, and two positions of Child
Support Specialist, Senior/Child Support Specialist.
SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE F,
MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT
CLASSIFICATION - adds the classification of Assistant
Director Development Services - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 7 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 1, 2005
3.25 * Salary Step Adjustment - pursuant to Personnel Rule
11.13, Board approval is requested by the Probation
Department to advance a recently appointed Supervisor,
Juvenile Hall Counselor to step three of the salary
range, retroactive to February 14, 2005, based on
experience. The Director of Human Resources concurs
with the recommendation of the Probation Department -
action requested - APPROVE SALARY STEP ADJUSTMENT FOR
SUPERVISOR, JUVENILE HALL COUNSELOR, AS DETAILED IN THE
AGENDA REPORT.
LIBRARY 3.26 * Library Donations -pursuant to Government Code Section
25355, donations of $978.60 from the Paradise Friends
of the Library, $500.00 from J. Regan of Paradise,
$300.00 from Jim and Mary Johnson of Paradise, $200.00
from Jolene Blake of Oroville, and $100.00 from
Ruthmarie Ferris of Oroville, have been received for
the Butte County Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
PUBLIC
HEALTH 3.27 * Redwood Toxicology Laboratory, Inc. - Amendment -
approval is requested for an amendment to the agreement
with Redwood Toxicology Laboratory, Inc., for the
provision of drug testing services. The amendment
extends the term of the agreement through
December 31, 2005. All other terms and conditions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X14247)
PUBLIC
woRxs 3.28 * Resolution of Intent to Abandon a Portion of a Drainage
Easement - the department has received a request to
abandon 13 feet of an existing 20 foot drainage
easement located on a vacant lot on the east side of
Jack Hill Drive, 130 feet south of 6336 Jack Hill
Drive, in the Kelly Ridge area, Oroville. Staff will
be recommending approval of the project to the Planning
Commission at its meeting of February 24, 2005 - action
requested - ADOPT A RESOLUTION GIVING NOTICE OF A
PUBLIC HEARING TO BE HELD MARCH 22, 2005, AT
10:30 A.M., TO CONSIDER THE PETITION TO ABANDON A
PUBLIC SERVICE EASEMENT.
SHERIFF S
OFFICE 3.29 * Mar-Ken International - approval is requested for a
sole source agreement with Mar-Ken International for
the provision of training services for department
canines and handlers. The term of the agreement is
January 1, 2005, through December 31, 2007, with a
maximum amount payable of $66,250 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X15336)
PAGE 8 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 1, 2005
3.30 * Etech Controls Corporation - approval is requested for
an agreement with Etech Controls Corporation for
maintenance and repair services for the security
equipment in the Butte County Jail. The term of the
agreement is September 16, 2004, through
September 15, 2005, with a maximum amount payable of
$27,648 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X15319)
3.31 * Butte Meadows Hillslider's Snowmobile Club - approval
is requested for an agreement with the Butte Meadows
Hillslider's Snowmobile Club for snow grooming, plowing
and removal in the area surrounding the Jonesville
Snowpark. The term of the agreement is
November 1, 2004, through June 30, 2006, with a maximum
amount payable of $80,000 (State grant funds) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.32 * Fixed Asset Equipment Purchase - approval is requested
for the fixed asset purchase of a Live Scan fingerprint
imaging machine. The equipment will replace outdated
equipment that does not have the capability of scanning
palm images, which is required in certain instances
under Proposition 69. The cost of the equipment is
$52,690. Funding for the purchase is available through
a combination of Development Impact Fees ($10,538), and
Criminal Justice Temporary Facilities Construction
funds ($42,152), and Board approval is also requested
for the budget transfer necessary to complete the
purchase - action requested - APPROVE A BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT;
AND APPROVE FIXED ASSET PURCHASE OF FINGERPRINT IMAGING
EQUIPMENT IN THE AMOUNT OF $52,690.
3.33 * Accounting Division Remodel - approval is requested to
transfer $10,527 from the Development Impact Fee Trust
Fund to the Special Maintenance Budget to provide
additional appropriations needed to complete the
Accounting Division relocation and remodel - action
requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
PAGE 9 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 1, 2005
3.34 * Jail Shower Facilities Alteration - approval is
requested to transfer $676 from the Inmate Welfare Fund
to the Special Maintenance Fund to provide additional
appropriations needed to complete a revision to the
shower facilities in 12 housing pods in the Jail -
action requested - APPROVE A BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
3.35 * Local Law Enforcement Block Grant Funds Interest -
approval is requested to accept and appropriate $239 in
interest earnings from the Local Law Enforcement Block
Grant. The funds will be used to purchase canine
equipment - action requested - APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
TREASURER-
TAx COLLECTOR 3.36 * Monthly Investment Report - submitted is the Monthly
Investment Report dated January 31, 2005, in accordance
with the Statement of Investment Policy dated
July 1, 2004 - action requested - ACCEPT FOR
INFORMATION.
3.37 * Relief of Accountability - pursuant to Government Code
Section 29390, approval is requested for relief of
accountability for $100.00 resulting from the discovery
of a counterfeit bill in the property tax receipts of
October 20, 2004. The Auditor-Controller has reviewed
the matter and found no evidence of fraud or gross
negligence - action requested - GRANT RELIEF OF
ACCOUNTABILITY.
3.38 * A Resolution of the Board of Supervisors of the County
of Butte to Apply Five-Year Time Period for Tax-
Defaulted Non-Residential Commercial Property -
approval is requested for a resolution which will allow
the County to continue applying the five year time
period for the sale of tax-defaulted non-residential
commercial property in accordance with California
Revenue and Taxation Code Section 3691(B) - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
OTHER
DEPARTMENTS
AND AGENCIES 3.39 * Southside Oroville Community Center Advisory
Committee - action requested - APPOINT DEBORAH L.
THOMPSON TO A TERM TO END JANUARY 5, 2009.
3.40 * Butte County Water Commission - action requested -
REAPPOINT MARK KIMMELSHUE, LANDOWNER-PRIVATE WELL
REPRESENTATIVE, TO A TERM TO END MARCH 1, 2009.
PAGE l0 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -MARCH 1, 2005
3.41 * Butte County Behavioral Health Board - action
requested - APPOINT DAVE PANCHESSON, LAW ENFORCEMENT
REPRESENTATIVE, TO A TERM TO END DECEMBER 31, 2007.
3.42 In-Home Supportive Services Advisory Committee - action
requested - REAPPOINT JAY HARRIS TO A TERM TO END
DECEMBER 19, 2007; AND APPOINT WILLIAM ARMFIELD TO A
VACATED TERM TO END DECEMBER 15, 2005.
4.00
BOARDS,
COMMISSIONS AND
COMMITTEES 4.01
LlaVlALt~11 V la
UPDATE 4.02
RECQULAR FaCQENDA
Boards, Commissions and Committees.
1. Appointments to Listed Vacancies.
2. Board Member or Committee Reports.
Update on Current Budget and Legislative Issues by the
Chief Administrative Officer.
1. Strategic Local Government Services, LLC -
legislative update - action requested - ACCEPT
FOR INFORMATION.
2. Combat Meth Act of 2005 - Position of Support -
consideration of a position of support for
federal legislation to combat the production of
methamphetamine - action requested - ADOPT A
POSITION OF SUPPORT; AND APPROVE A LETTER OF
SUPPORT TO SENATOR FEINSTEIN AND AUTHORIZE THE
CHAIR TO SIGN.
AND DISCUSSION
ITEMS 4.03
Resolution of Appreciation to Supporters of the Eighth
Annual Community Wide True Love Waits Campaign - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (SUPERVISOR CONNELLY)
PAGE 11
MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 1, 2005
4.04 * Four-County Drinking Water Quality Program - update to
the Board on the status of the various work plan
elements for development of a four-county drinking
water quality program for the counties of Butte, Glenn,
Tehama and Colusa - action requested - ACCEPT FOR
INFORMATION. (WATER AND RESOURCE CONSERVATION)
4.05 * Almond Avenue Gravel Pit - consideration of the
solicitation for proposals to complete an appraisal
and/or valuation of the aggregate deposits and fiscal
feasibility analysis for the County's Almond Avenue
Gravel Pit, located at the end of Almond Avenue, off
Larkin Road, and to propose options on how best the
County could structure a mineral lease or sale
agreement for the site - action requested - DIRECT
STAFF TO SOLICIT PROPOSALS. (PUBLIC WORKS)
4.06 * Consideration of an Ordinance Amending the Butte County
Code, by Adding Article VI, Composed of Articles VI(A),
VI(B), VI(C), and VI(D), to Chapter 10 of Said Code -
consideration of an ordinance which will expand the
County Code regarding the encroachment permit process
by providing more specific details and requirements to
help guide both the applicants wishing to work or
encroach onto a County highway or road, as well as
Public Works Staff who review and issue the
encroachment permits - action requested - WAIVE READING
OF THE ORDINANCE. (PUBLIC WORKS)
4.07 Items Removed from the Consent Agenda for Board
Consideration and Action.
4.08 Recess as the Butte County Board of Supervisors and
Convene as the Butte County In-Home Supportive Services
Public Authority Board.
PAGE 12 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 1, 2005
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
MARCH Z, 2 0 0 5
1.00 Call to Order - Butte County Board of Supervisors Room,
25 County Center Drive, Oroville.
2.00 Agenda Items (NONE)
3.00 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 is prohibited from taking action on any
item not listed on the agenda.
4.00 Closed Session
4.01 RECESS TO A CLOSED SESSION CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO CALIFORNIA GOVERNMENT CODE
SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE AND CRAIG DORY.
EMPLOYEE ORGANIZATION: UNITED DOMESTIC WORKERS OF
AMERICA.
Adjournment
Adjourn as the Butte County In-Home Supportive Services
Public Authority Board and Reconvene as the Butte
County Board of Supervisors.
PAGE 13 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 1, 2005
5.00
PUBLIC HEARINCQS AND TIMED ITEMS
10:20 A.M. 5.01 * Continued Public Hearing - consideration of an
ordinance amending the Butte County Code by amending
Sections 3-101, 3-102, 3-103 of Article XI within
Chapter 3 of said code and Section 20-210 of Article IX
within Chapter 20 of said code related to drainage fees
in Thermalito and/or Chico - action requested:
1. ADOPT AN ORDINANCE WITH EXHIBIT 1, DRAINAGE FEE
ORDINANCE FOR THERMALITO AND CHICO, AND AUTHORIZE
THE CHAIR TO SIGN; OR
2. ADOPT AN ORDINANCE WITH EXHIBIT 2, DRAINAGE FEE
ORDINANCE FOR CHICO (ONLY), AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 2-8-05 [5.02])
10:30 A.M. 5.02 * Public Hearing - Brent and Debbie Sobrero Tentative
Parcel Map Appeal - consideration of an appeal of the
Planning Commission's denial of a Tentative Parcel Map
to divide a 40-acre parcel into two 20-acre parcels.
This is a project on which notice of intent to adopt a
negative declaration with mitigation measures regarding
environmental impacts has been given. Sewage disposal
for the future dwellings on the site would be provided
by individual on-site septic systems. Domestic water
would be obtained from individual wells. The project
site is located on the north side of Clear Creek
Cemetery Road, approximately one mile east of Clark
Road (State Highway 191) approximately 5 miles south of
Paradise, and identified as APN 041-110-135 (MM [TPM
04-07]) - action requested - STAFF RECOMMENDS THE BOARD
TAKE THE FOLLOWING ACTIONS:
1. DENY THE APPEAL TO REDUCE THE REQUIRED 300-FOOT
RESIDENTIAL DWELLING SETBACK FROM PARCEL
BOUNDARIES; AND
2. SUBJECT TO FINDINGS II(A AND B) AS DETAILED IN
THE STAFF REPORT DATED MARCH 1, 2005, UPHOLD THE
PLANNING COMMISSION'S DENIAL. (FROM 2-8-05
[5.03])
PAGE 14 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 1, 2005
11:00 A.M. 5.03 * Public Hearing - Adoption of Resolutions of Necessity
to Acquire Certain Real Property - the Public Works
Department has been involved in negotiations with
Gregory Danysh in order to acquire rights-of-way and
easements for the Oroville-Quincy (FH-119) Highway
Project. Negotiations have reached an impasse and it
has become necessary to begin the process of
acquisition by eminent domain - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
1:00 P.M. 5.04 * Public Hearing - Community Development Block Grant
(CDBG) Program - Consideration of a Transfer of
Program Income - approval is requested for a resolution
amending CDBG Grant No. 02-EDBG-87 (Butte County
Business Incubator Program) and authorizing the
allocation of CDBG Program Income to the previously
approved grant program. Proposed is a transfer of
$50,000 to the open grant to allow the County to
continue with previously approved grant activities, and
to facilitate compliance with State CBDG regulations
pertaining to the allowable amount of Program Income -
action requested - ADOPT RESOLUTION APPROVING AMENDMENT
OF OPEN GRANT (BUTTE COUNTY INCUBATOR PROGRAM) AND
AUTHORIZING THE CHAIR TO SIGN; AND APPROVE A BUDGET
TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING PROGRAM INCOME AS DETAILED IN THE AGENDA
REPORT.
G . OO 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 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -MARCH 1, 2005
7.00 CLOSED SESSION
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(0): ONE POTENTIAL CASE.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) ONE POTENTIAL CASE.
7.03 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a):
1. C.M.S.C.S (CASE NO. ARB-03-2357)
2. JONES V. COUNTY OF BUTTE (CONSENT DECREE)
BUTTE COUNTY SUPERIOR COURT CASE NO. 84428.
PAGE 16 MARCH 1, 2005
Information and Procedures Concerning the Agenda and Conduct of
the Board of Supervisors Meetings
Meeting Information: 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 www.buttecounty.net/cob.
Agenda Information: 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, e-mail 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.
Agenda Format and
Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following
order:
1. ConsentAgenda: 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 ConsentAgenda, 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.
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 ofthe agenda identifies those items that will be discussed during the closed
session.
Public Participation: 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
54954.3. 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 530-538-7631, 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 95965
530-538-7631
www.buttecounty.net/cob