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HomeMy WebLinkAboutA083104BUTTE COUNTY BOARD OF SUPERVISORS AGENDA AUGUST 31, 2004 County Supervisors R.J. "Bob" Beeler, 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 BUTTE COUNTY BOARD OF SUPERVISORS 9:~~ A.M. 1.~~ 1.01 1.02 1.03 2.00 CALL TO ORDER Call to Order Administration Oroville. AGENDA -AUGUST 31, 2004 - 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 CHANGES TO THE AGENDA. 3 . ~ ~ CONSENT AGENDA AUDITOR- CONTROLLER 3.01 * Adoption of Tax Rates - approval is requested for a resolution which will set various ad valorem tax rates for the County for fiscal year 2004-2005. State law requires the Board adopt the rates prior to September 1 of each year - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.02 * County Service Area Charges - in order to levy service charges in the various County Service Areas, it is necessary to accomplish several prerequisite steps - action requested - DIRECT THAT A REPORT OF SERVICE CHARGES BE PREPARED IN ACCORDANCE WITH GOVERNMENT CODE SECTION 25210.77(a) AND FILED WITH THE CLERK OF THE BOARD; DIRECT A PUBLIC HEARING BE SET FOR SEPTEMBER 28, 2004, AT 10:45 A.M., AND DIRECT PUBLIC NOTICE OF THE HEARING BE GIVEN IN ACCORDANCE WITH GOVERNMENT CODE SECTION 6066. BEHAVIORAL HEALTH 3.03 * MCPP Healthcare Consulting - Amendment - approval 1S requested for an amendment to the agreement with MCPP Healthcare Consulting for development of a strategic capital acquisition plan for information systems technology. The amendment extends the term of the agreement though June 30, 2005, details additional work to be performed, increases the maximum amount payable by $33,400 (department budget) for the extended term, and includes agreement language requiring compliance with applicable laws. 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. X11628) PaGE 1 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 3.04 * Butte County Public Health Department/Butte County Department of Behavioral Health - Amendment - approval is requested for an amendment to the Memorandum of Understanding with the Public Health Department for funds to provide a Public Health Nurse to perform services in support of the Infant-Preschool-Family Mental Health Program. The amendment extends the term of the agreement through June 30, 2005, increases the maximum amount payable by $80,663 (department budget) for the extended term, and includes language on the method of billing between departments. 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. X13710) 3.05 * Cherokee Restoration Fellowship - approval is requested for a sole source agreement with Cherokee Restoration Fellowship for the provision of residential treatment services for individuals referred by Drug Court and Proposition 36 programs. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $47,368.80 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.06 * Proclamation of National Alcohol and Drug Addiction Recovery Month in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. CHIEF ADMINISTRATIVE OFFICE 3.07 Adoption of an Ordinance of the Board of Supervisors of the County of Butte Approving an Amendment to the Redevelopment Plan for the Greater Chico Urban Area Redevelopment Project Chico Redevelopment Agency - consideration of an ordinance related to the merger of the Greater Chico Urban Area Redevelopment Project Area with the Chico Merged Redevelopment Project Area - actions requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-17-04 [4.03]) 3.08 * Board Calendar Addition - Special Meeting - approval is requested to set a special meeting on Wednesday, November 10, 2004, for the purpose of conducting interviews for the position of Director-Employment and Social Services - action requested - SET SPECIAL MEETING FOR WEDNESDAY, NOVEMBER 10, 2004. PaGE 2 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 3.09 * Resolution to Amend the Salary Ordinance - proposed is a resolution which would adjust the salary for the Director-Public works pursuant to the Pay for Performance program for appointed department heads. The Board suspended the Pay for Performance plan for the current fiscal year due to budgetary constraints, excepting those department heads compensated below the mean salary rate for 2003. As a result of recent performance evaluations, it is recommended that the salary rate for the Director-Public works be increased by $11,880 per year, to the mean rate for 2003. The adjustment will be effective July 3, 2004 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.10 * NorthStar Engineering - Amendment - approval is requested for an amendment to the agreement with NorthStar Engineering for the provision of engineering services in support of the Small Communities Grant and the Chico Urban Area Nitrate Compliance Program. The amendment extends the term of the agreement through July 31, 2005. 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. X13251) 3.11 * Southside Oroville Community Center - approval is requested to transfer the Southside Oroville Community Center funds deposited in separate budget units into a new budget unit created to track activity specific to the Southside Oroville Community Center - action requested - APPROVE BUDGET TRANSFER B-022 (4 /5 vote required) ACCEPTING AND ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.12 * Private Industry Council - Amendment - approval is requested for an amendment to the agreement with the Private Industry Council for facility and fiscal management services for the Southside Oroville Community Center. The amendment extends the term of the agreement for an additional 84 months from the date of signature, sets the maximum amount payable at $80,000 (Southside Oroville Community Center Fund) for the 2004-2005 fiscal year, and adds language regarding quarterly reporting requirements. 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. CLERK OF THE BOARD 3.13 * Approval of Minutes - action requested - APPROVE MINUTES OF MARCH 9, 2004; MARCH 23, 2004; APRIL 13, 2004; AND APRIL 27, 2004. PAGE 3 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 3.14 Assessment Appeals Board - action requested - REAPPOINT GIL JONES TO A TERM TO END SEPTEMBER 3, 2007. EMPLOYMENT AND SOCIAL SERVICES 3.15 * Enloe Medical Center/Touchstone Perinatal Program - Amendment - approval is requested for an amendment to the agreement with Enloe Medical Center/Touchstone Perinatal Program for the provision of training services for the Options For Recovery program. The amendment extends the term of the agreement through June 30, 2005, and increases the maximum amount payable by $181,450 (department budget) for the extended term. 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. X13899) 3.16 * Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for space in the building located at 2445 Carmichael Drive, Chico. The amendment adds $10,000 (department budget) for modifications and change orders for each fiscal year, and clarifies that any increase in rent will be effective on July 1 of the applicable fiscal year. 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. X15023) 3.17 * Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for space in the building located at 78 Table Mountain Boulevard, Oroville. The amendment adds $10,000 (department budget) for modifications and change orders for each fiscal year, and clarifies that any increase in rent will be effective on July 1 of the applicable fiscal year. 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. X11404) PaGE 4 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 3.18 * Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for space in the building located at 202 Mira Loma Drive, Oroville. The amendment adds $10,000 (department budget) for modifications and change orders for each fiscal year, revises the term ending date to June 30, 2017, and clarifies that any increase in rent will be effective on July 1 of the applicable fiscal year. 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. X13126) FIRE 3.19 * Dietz Equipment Sales - approval is requested to award Bid No. 86-04, in the amount of $125,099.40, to Dietz Equipment Sales for the build-up of a water tender for the North Chico Volunteer Fire Company. Funding for the build-up is provided by volunteer contributions ($51,467.70), the North Chico Volunteer Fire Company's Water Tender Earned Income Trust Fund ($11,082) and the Community Cost Share Trust Fund ($62,549.70), and Board approval is also requested to transfer the funds to provide the appropriation for the purchase - action requested - APPROVE FIXED ASSET PURCHASE; AWARD BID TO DIETZ EQUIPMENT SALES IN THE AMOUNT OF $125,099.40; AND APPROVE BUDGET TRANSFER B-023 (4 /5 vote required) ACCEPTING AND APPROPRIATING REVENUE AS DETAILED IN THE AGENDA REPORT. 3.20 * State of California, Department of Forestry and Fire Protection - approval is requested for a grant agreement with the State of California, Department of Forestry and Fire Protection, for funds under the Volunteer Fire Assistance Program. The grant will provide $19,150, and requires a County match of $19,150 (department budget). The $38,300 will be used to purchase four thermal imaging cameras. The grant also requires a resolution of acceptance and assurances - action requested - ADOPT RESOLUTION APPROVING GRANT AWARD AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. GENERAL SERVICES 3.21 * Resolution in Recognition of George Dale Corbin Upon His Retirement from the County of Butte - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 5 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 3.22 * DLR Group Inc. of California d/b/a DLR Group-Vitiello - Amendment - approval is requested for an amendment to the agreement with DLR Group Inc. of California d/b/a DLR Group-Vitiello for the provision of architectural services for the Courthouse Expansion project. The amendment extends the term of the agreement through April 15, 2005. 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. X13759) 3.23 * Applied Testing Consultants - Amendment - approval is requested for an amendment to the agreement with Applied Testing Consultants for testing services required for the Courthouse Expansion project. The amendment revises the scope of work to include additional testing, and increases the maximum amount payable by $48,822 (project budget) for the additional work. 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. X14625) 3.24 * Solar Energy Project - Notices of Completion - the projects consisted of construction and installation of solar energy panels and related equipment at the following locations: East Jail Facility (Contract X14780); West Jail Facility (Contract No. X14781); and Administration Building (Contract No. X14782). All contract work has been completed in accordance with plans and specifications - action requested - APPROVE NOTICES OF COMPLETION (3) AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF THE NOTICES OF COMPLETION. 3.25 * Lohse Enterprises, Inc., d/b/a Archive Record Systems - approval is requested for an agreement with Lohse Enterprises, Inc., d/b/a Archive Record Systems for the provision of closed file storage, document management and confidential shredding services for the Department of Employment and Social Services. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $60,000 (department budget). The agreement is the result of a Request For Quotation - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15076) PAGE 6 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 3.26 * Courthouse Expansion Capital Project Revenue - approval is requested to accept and appropriate $24, 995 from the Criminal Justice Temporary Facilities Construction Fund to provide the appropriation for the construction management agreement for the Courthouse Expansion Project - action requested - APPROVE BUDGET TRANSFER B-024 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. HUMAN RESOURCES 3.27 * Resolution to Amend the Salary Ordinance - the department has prepared a resolution to amend the salary ordinance as follows: PUBLIC HEALTH-GENERAL SERVICES - increases a half-time flexibly staffed position of Health Education Specialist III/II/I to three-quarter time. LIBRARY - extends the position end dates for three flexibly staffed sunset positions of Library Assistant II/I from September 30, 2004, to September 30, 2005 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. INFORMATION SYSTEMS 3.28 * Avaya (formerly Lucent Technology) - Amendment - approval is requested by the Communications Division for an amendment to the agreement with Avaya (formerly Lucent Technology) for service and maintenance services for the County's voice mail system. The amendment extends the term of the agreement through August 31, 2008, and increases the maximum amount payable by $88,544.20 ($22,136.05 per year [department budget]). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10396) LIBRARY 3.29 * California Council for the Humanities - approval is requested to accept and appropriate $1,000 received from the California Council for the Humanities under the California Stories Uncovered grant program - action requested - APPROVE BUDGET TRANSFER B-026 (4/5 vote required) ACCEPTING AND APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA REPORT. 3.30 * California Department of Education - approval is requested to accept and appropriate $10,350 received from the California Department of Education under the wIA, Title II: Adult Education and Family Literacy Act, English Literacy and Civics Education grant program - action requested - APPROVE BUDGET TRANSFER B-027 (4/5 vote required) ACCEPTING AND APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA REPORT. PaGE 7 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 3.31 * California State Library - approval is requested to accept and appropriate $6,000 in federal Library Services and Technology Act funds received from the California State Library under the Global Language Materials grant program - action requested - APPROVE BUDGET TRANSFER B-025 (4 /5 vote required) ACCEPTING AND APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA REPORT. 3.32 * Library Donations - pursuant to Government Code Section 25355, donations of $536.06 from the Paradise Friends of the Library, $375 from the Chico Friends of the Library, and $350 from the Paradise Pines women's Club of Magalia, 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 3.33 * Northwest Society for the Prevention of Cruelty to Animals - approval is requested for an agreement with the Northwest Society for the Prevention of Cruelty to Animals for the sheltering of animals impounded by the Butte County Animal Control program. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $237,962 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15074) PUBLIC woRxs 3.34 * Partial Rehabilitation of Seven Mile Lane from Ord Ferry Road to Nelson Road; County Project No. 30142-04- 1 - the project includes pavement grinding, subgrade compaction, shoulder repairs, placement of a new asphalt concrete structural section and shoulder backing, a single lane chip seal, and pavement striping along the west side of Seven Mile Lane for approximately 3.39 miles - action requested - APPROVE PLANS AND SPECIFICATIONS; ADOPT A WAGE SCALE; AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND THE DIRECTOR-PUBLIC WORKS TO SIGN THE PROJECT PLANS. 3.35 * SCS Engineers - Amendment - approval is requested for an amendment to the agreement with SCS Engineers for the provision of engineering services for the Partial Final Closure of Modules 1, 2, and 3 at the Neal Road Landfill project. The amendment provides for additional engineering services through completion of the project, and increases the maximum amount payable by $16,237 (Neal Road Landfill Enterprise Fund) for the additional 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. X13826) PaGE 8 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 3.36 * Resolution Establishing a Limited 4-Hour Parking Zone Between the Hours of 8:00 a.m. and 5:00 p.m. weekdays on the west Side of Hicks Lane, from Calle Principal to Sycamore Drive - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.37 * Resolution Prohibiting Stopping, Standing or Parking on the North Side of west Lindo Avenue, from Fern Avenue to Holly Avenue - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. SHERIFF'S OFFICE 3.38 * Purchase of washing Machine - approval is requested for the sole source fixed asset purchase of a Unimac commercial washing machine for the Jail in the amount of $17,437.49. The new washer will replace a machine that is beyond economic repair. Funding for the purchase will be provided by the Inmate welfare Fund, and Board approval is also requested for a budget transfer to provide for the purchase - action requested - APPROVE BUDGET TRANSFER B-028 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF COMMERCIAL WASHING MACHINE. 3.39 * Transfer of Funds - approval is requested to transfer $6,000 from the Crime Prevention Trust Fund to the department's budget for the purchase of materials and supplies for the department's crime prevention programs - action requested - APPROVE BUDGET TRANSFER B-029 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 3.40 * City of Chico - approval is requested for an agreement with the City of Chico for the provision of patrol services for Bidwell Park by the Butte County Sheriff's Mounted Posse. There is no cost associated with the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. TDTiT CTTD PD - TAx COLLECTOR 3.41 * Monthly Investment Report - submitted is the Monthly Investment Report dated July 30, 2004, in accordance with the Statement of Investment Policy dated July 1, 2004 - action requested - ACCEPT FOR INFORMATION. 3.42 * State of California, Employment Development Department - approval is requested for an agreement with the State of California, Employment Development Department, for assistance in the collection of restitution, fines, penalties, delinquent unsecured tax assessments, and fees as a result of a violation of law. The term of the agreement is April 1, 2004, through June 30, 2007, with a maximum amount payable of $5,225 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 9 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 WATER AND RESOURCE CONSERVATION 3 .43 * Camp, Dresser & McKee, Inc . - approval is requested for an agreement with Camp, Dresser & McKee, Inc., for testing and calibration of the Butte Basin Groundwater Model (Phase II) The term of the agreement is September 1, 2004, through December 31, 2004, with a maximum amount payable of $90,000 (United States Bureau of Reclamation [$50,000]/department budget [$40,000]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. OTHER DEPARTMENTS AND AGENCIES 3.44 Adoption of an Ordinance Amending Chapter 2, Article XIII.5, Section 2-100.30, 2-100.40, 2-100.70 and 2- 100.80 of the Butte County Code Relating to Powers and Duties of the Children and Families Commission - the Commission is requesting the Board adopt an ordinance which will incorporate the Commission's recommended changes to the Membership, Term of Office, Powers and Duties, and Advisory Committee provisions of the Butte County Code regarding the Butte County Children and Families Commission - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-17- 04 [3.39] ) 3.45 * Resolution Proclaiming September 12, 2004, as Grandparent's Day - the Butte County Elder Services Coordinating Council is requesting the Board adopt a resolution honoring National Grandparent's Day, September 12, 2004 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PaGE to AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS 4.00 BOARDS, COMMISSIONS AND COMMITTEES 4 . O Z REGULAR AGENDA AGENDA -AUGUST 31, 2004 Boards, Commissions and Committees. 1. Appointments to Listed Vacancies. 2. Board Member or Committee Reports. BUDGET AND LEGISLATIVE UPDATE 4.02 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. PRESENTATION AND DISCUSSION ITEMS 4.03 * Butte County Budget - Fiscal Year 2004-2005: 1. Final Adjustments to the Proposed Budget for Fiscal Year 2004-2005 - consideration of adjustments to the Proposed Budget as recommended by the Chief Administrative Officer - action requested - ACCEPT FINAL ADJUSTMENTS; AND 2. Adoption of Final Budget for Fiscal Year 2004- 2005 - consideration of a resolution adopting the Butte County Final Budget for Fiscal Year 2004- 2005 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (CHIEF ADMINISTRATIVE OFFICER AND AUDITOR-CONTROLLER) 4.04 Items Removed from the Consent Agenda for Board Consideration and Action. 4.05 Recess as the Butte County Board of Supervisors and Convene as the Butte County In-Home Supportive Services Public Authority Board. PAGE 11 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS 1.00 2.00 3.00 4.00 4.01 AGENDA -AUGUST 31, 2004 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA AUGUST 31 , 2 0 0 4 Call to Order - Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Agenda Items (NONE) 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. Closed Session 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 12 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -AUGUST 31, 2004 S.OO PUBLIC HEARINGS AND TIMED ITEMS 10:30 A.M. 5.01 * Public Hearing - Resolution to Abandon a Public Right- of-way - the department has received a request to abandon a portion of a public right-of-way on the southwesterly side of Oroville Bangor Highway, approximately 500 feet southeast of Cornett Lane, in the Oroville area. The Planning Commission has recommended approval - action requested - FIND THAT THE PUBLIC RIGHT-OF-WAY DESCRIBED IN THE NOTICE OF HEARING AND PETITION IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE, AND ADOPT A RESOLUTION ABANDONING THE DESCRIBED PORTION OF THE OROVILLE BANGOR HIGHWAY RIGHT- OF-WAY AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN THE GRANT DEED, SUBJECT TO PAYMENT FOR THE 0.34 ACRES ADJOINING INGVOLDSEN AND THE 0.52 ACRES ADJOINING GRUBBS, AND PAYMENT OF RECORDING FEES. (FROM 8-3-04 [3.47]) 10:35 A.M. 5.02 * Public Hearing - Resolution to Abandon a Public Right- of-way - the department has received a request to abandon a portion of a public right-of-way on 16tH Street, 18th Street and Feather Avenue in the Thermalito area. The Planning Commission has recommended approval of the request - action requested - FIND THAT THE PUBLIC RIGHT-OF-WAY DESCRIBED IN THE NOTICE OF HEARING AND PETITION IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE, AND ADOPT A RESOLUTION ABANDONING THE DESCRIBED PORTIONS OF 16TH STREET, 18TH STREET AND FEATHER AVENUE RIGHTS-OF-WAY AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN THE GRANT DEED, SUBJECT TO PAYMENT FOR THE 0.7610 ACRES OF 16TH STREET, HALF OF WHICH IS ENCUMBERED BY AN EASEMENT, AND PAYMENT OF RECORDING FEES. (FROM 8-3-04 [3.48] ) 10:45 A.M. 5.03 * Timed Item - Adoption of a Resolution of Necessity to Acquire Certain Real Property - the Public works Department has been involved in negotiations with Mr. C. William Johnson in order to acquire rights-of- way and easements for the Aguas Frias Road Bridge Replacement Project. Negotiations have reached an impasse and it has become necessary to begin the process of acquisition by eminent domain to proceed with the project - action requested - THE DEPARTMENT RECOMMENDS THE BOARD ADOPT THE RESOLUTION AS REQUIRED TO PROCEED WITH ACQUISITION OF RIGHTS-OF-WAY AND EASEMENTS REQUIRED FOR THE AGUAS FRIAS ROAD BRIDGE OVER BUTTE CREEK PROJECT, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-3-04 [5.04]) PAGE 13 AUGUST 31, 2004 BUTTE COUNTY BOARD OF SUPERVISORS 6. ~~ PUBLIC COMMENT AGENDA -AUGUST 31, 2004 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. 7 . ~~ CLOSED SESSION 7.01 PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-DEVELOPMENT SERVICES. 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) COUNTY OF BUTTE V. ACACIA ACRES (BUTTE COUNTY SUPERIOR COURT CASE NO. 130623). 7.04 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY REPRESENTATIVES: JEANNE GRAVETTE. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT AND SUPERVISORY UNIT); DEPUTY SHERIFF'S ASSOCIATION (GENERAL UNIT AND MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT AND MANAGEMENT AND SUPERVISORY UNIT); PROFESSIONAL EMPLOYEES UNIT; SOCIAL SERVICES WORKERS UNIT; AND PROBATION PEACE OFFICERS' ASSOCIATION. PaGE 14 AUGUST 31, 2004 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