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HomeMy WebLinkAboutA091305BUTTE COUNTY BOARD OF SUPERVISORS AGENDA SEPTEMBER 13, 2005 :: ,:~ .. ..~~ ~ , . __ ~ ~. . ...-~..~ n:-_ 0 .: v - ~ ... ~.. 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 .: ~ ... . 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 -SEPTEMBER 13, 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 CHANGES TO THE AGENDA. 3 . ~ ~ CONSENT AGENDA 3.01 * State of California, Department of Pesticide Regulation - approval is requested for a revenue agreement with the State of California, Department of Pesticide Regulation, for funds to provide electronic submission of quarterly pesticide use reports to the State. The term of the agreement is July 1, 2005, through June 30, 2006, with a maximum amount payable to the County of $9,608 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40797) 3.02 * State of California, Department of Food and Agriculture - approval is requested for a revenue agreement with the State of California, Department of Food and Agriculture, for funds to support the County' s placing and servicing of traps for the detection of exotic insect pests which are considered hazardous to the agriculture and economy of California, including but not limited to the Gypsy Moth, Japanese Beetle and fruit flies such as the Olive Fruit Fly. The term of the agreement is July 1, 2005, through June 30, 2006, with a maximum amount payable to the County of $68,374.10. Board approval is also requested to accept and appropriate an allocation for Olive Fruit Fly activities in the amount of $35,283 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. (Contract No. R40801) PAGE 1 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 AUDITOR- CONTROLLER 3.03 * Resolution Authorizing Examination of Sales and Use Tax Records - approval is requested for a resolution which will allow authorized representatives of the County to examine the confidential sales and use tax records of the State Board of Equalization pertaining to sales and use taxes collected by the Board for the County, pursuant to Revenue and Taxation Code Section 7056 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. BEHAVIORAL HEALTH 3.04 * State of California, Department of Alcohol and Drug Programs - Amendment - approval is requested for an amendment to the Combined Negotiated Net Amount and Drug/Medi-Cal revenue agreement with the State of California, Department of Alcohol and Drug Programs. The amendment decreases the maximum amount payable to the County for fiscal year 2004-2005 by $33,254, and revises the agreement's exhibits to reflect the reduction. All other terms and provisions remain the same - action requested - ADOPT RESOLUTION APPROVING AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN AMENDMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40688) 3.05 * Thomas Lancaster, M.D. - approval is requested for a sole source agreement with Thomas Lancaster, M.D. for the provision of professional medical and psychiatric services for department clients. The term of the agreement is July 1, 2005, through June 30, 2006, with a maximum amount payable of $64,525 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.06 * Revised Agreement - S. Bonnie Lombardi dba Party Central - on May 24, 2005, the Board approved a lease and agreement with S. Bonnie Lombardi dba Party Central, for the vacant property located adjacent to 2430 Bird Street, Oroville. The property is used as a parking lot for the staff and clients at the Bird Street facility. The agreement was approved subject to review by County Counsel, and that review resulted in a change to the agreement regarding Americans with Disabilities Act requirements. As a result of that change, the agreement is being resubmitted to the Board for approval. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15495) PAGE 2 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 BOARD OF SUPERVISORS 3.07 * Resolution Celebrating the 100t'' Birthday of the North State Symphony - Supervisor Houx is requesting the Board adopt a resolution celebrating the 100t'' Birthday of the North State Symphony, formerly the Chico Symphony - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. CHIEF ADMINISTRATIVE OFFICE 3.08 * Volunteer Efforts for the Victims of Hurricane Katrina - Hurricane Katrina has been described as the worst natural disaster to hit the United States since the 1906 San Francisco earthquake. The Red Cross and other reputable agencies have a critical need for volunteers to help provide aid. with the concurrence of the department director, and according to procedures to be approved by Human Resources and the Chief Administrative Officer, approval is requested to allow Butte County employees release time to participate in volunteer activities related to helping the victims of Hurricane Katrina. Release time will be paid time off during which the employee will continue to accrue benefits. The program will be subject to meet and confer with employee bargaining units - action requested - WITH THE CONCURRENCE OF THEIR DEPARTMENT DIRECTOR, APPROVE RELEASE TIME FOR EMPLOYEES WISHING TO VOLUNTEER TO AID THE VICTIMS OF HURRICANE KATRINA, SUBJECT TO PROCEDURES APPROVED BY HUMAN RESOURCES AND THE CHIEF ADMINISTRATIVE OFFICER. 3.09 * Reissue Time-Expired Check - approval is requested to reissue time-expired check number 1420-579240 in the amount of $190.99, dated September 21, 2001. The Auditor-Controller has verified that the check is time expired and has not been reissued - action requested - DIRECT AUDITOR-CONTROLLER TO REISSUE TIME-EXPIRED CHECK. 3.10 * Lee Rosenthal - Amendment - approval is requested for an amendment to the agreement with Lee Rosenthal for the provision of legal services in the area of redevelopment. The amendment increases the billing rate by $20 per hour (County Service Area 114 Funds). 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. X11464) PAGE 3 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 3.11 * Tri-County Economic Development Corporation - Amendment - approval is requested for an amendment to the Master Subrecipient Agreement with Tri-County Economic Development Corporation for services in support of the Community Development Block Grant (CDBG) Program. The amendment adds Exhibit Nos. 18, 19, and 20 to the agreement, providing for administration and implementation activities associated with the various CDBG Planning and Technical Assistance activities, and the Butte County Business Incubator Program. Funding for the additional services and activities is provided by grant funds and CDBG Program Income. All other terms and provisions remain the same. To provide for a more streamlined method of tracking the various CDBG grants and activities, Board approval is also requested to transfer funds to newly created budget units under a single fund designation - action requested - APPROVE AGREEMENT AMENDMENT, EXHIBIT NUMBERS 18, 19 AND 20, AND AUTHORIZE THE ASSISTANT CHIEF ADMINISTRATIVE OFFICER TO SIGN; AND APPROVE A BUDGET TRANSFER (4/5 vote required) TRANSFERRING AND ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT. 3.12 * The Ferguson Group, L.L.C. - Amendment - approval is requested for an amendment to the agreement with The Ferguson Group, L.L.C., for the provision of legislative advocacy services for the County. The group pursues federal appropriations in areas such as transportation, water quality and resources, homeland security, and communications. The amendment adds language to allow for termination by either party upon 60 days written notice, and extends the term of the agreement through September 30, 2006. 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. X15254) CHILD SUPPORT SERVICES 3.13 * Health Insurance Incentives Revenue - approval is requested to accept and appropriate $2,073 of unexpended fiscal year 2001-2002 Health Insurance Incentive Funds. The State Department of Child Support Services has approved an extension of the County's time to expend the funds - action requested - APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND APPROPRIATING PRIOR YEAR FUNDS AS DETAILED IN THE AGENDA REPORT. PAGE 4 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 CLERK -RECORDER ELECTIONS 3.14 * Special Districts - Appointments in Lieu of Elections - California Elections Code Section 10515 allows the Board of Supervisors to appoint various special district board members for districts scheduled to elect members on November 8, 2005, where the number of persons filing a declaration of candidacy is equal to or less than the number of offices to be filled, and there was no petition submitted calling for an election. The Clerk-Recorder submits a Certificate of Facts-Exhibit A, listing the following appointments to be made pursuant to the Elections Code: Berry Creek Community Services District - Miguel Calvo and Joe G. Holsworth. Drainage District No. 100 - Michael w. Arens. Richvale Sanitary District - Dennis Thengvall and Thomas R. warner. All appointments are for 4 year terms - action requested - APPOINT NOMINEES. 3.15 * Special Districts - Insufficient Nominee Appointments in Lieu of Elections - submitted is a list of special districts wherein no person filed a declaration of candidacy for any office, and where there was no petition submitted calling for an election. Pursuant to California Elections Code Section 10515, the Board may appoint any qualified person to office at any time on or before November 22, 2005. Following is a list of offices that require appointment: Berry Creek Community Services District - 1 Director for a 4 year term. The candidate shall be a registered voter residing within the District. Buzztail Community Services District - 1 Director for a 4 year term. The candidate shall be a registered voter residing within the District. Richardson Springs Community Services District - 3 Directors for 4 year terms. The candidates shall be registered voters residing within the District. The Clerk of the Board will return requests for appointment to the Board for action as they are received, and when appointments are made, will issue the Certificate of Appointment and Oath of Office - action requested - ACCEPT FOR INFORMATION. EMPLOYMENT AND SOCIAL SERVICES 3.16 * Parent Education Network - Amendment - approval is requested for an amendment to the agreement with Parent Education Network for the provision of parenting classes to Children's Services clients. The amendment extends the term of the agreement through June 30, 2006, increases the maximum amount payable by $10,000 (department budget) for the extended term, and revises the agreement's exhibits to reflect the changes. 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. X14975) PAGE 5 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 3.17 * Butte County Department of Public Health - Amendment - approval is requested for an amendment to the Memorandum of Understanding with the Butte County Department of Public Health for the provision of Public Health Nurses to provide services to clients of the Adult Protective Services, In-Home Supportive Services/Personal Care Services, and Children's Services programs. The amendment reduces the maximum amount payable for fiscal year 2005-2006 by $65,000 to reflect final budget amounts for services, reduces the number of nurses from 5 to 4, includes language regarding Health Insurance Portability and Accountability Act compliance, and revises the agreement's exhibits to reflect the changes in rate of payment. 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. 14412) FIRE DEPARTMENT 3.18 * The CSU, Chico Research Foundation - Amendment - approval is requested for an amendment to the agreement with The CSU, Chico Research Foundation, for the provision of map data files to enhance the department's Computer Aided Dispatch database. The amendment increases the maximum amount payable by $30,000 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15516) 3.19 * Volunteer Fire Assistance Grant - 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 Grant Program. The grant will provide $20,000, with a required $20,000 (department budget) County match for the purchase of a Thermal Imaging Camera - action requested - ADOPT RESOLUTION APPROVING GRANT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN GRANT AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL. (Contract No. R40811) GENERAL SERVICES 3.20 * Courthouse Expansion Project - Budget Transfer - approval is requested to accept and appropriate $19,335 received from the Superior Court of California, County of Butte, to provide the appropriation needed to fund Contract Change Orders 31 and 32 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 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 3.21 * The Zahn Group, Inc. - Amendment - approval is requested for an amendment to the agreement with The Zahn Group, Inc., for construction management services for the Courthouse Expansion Project. The amendment extends the completion date to August 31, 2005, increases the maximum amount payable by $17,515.91, and revises the Scope of work to include language regarding expenses/compensation rates for the Project Director, Construction Manager and Project Coordinator. All other terms and provisions remain the same. Board approval is also requested to accept and appropriate funding from the Superior Court of California, County of Butte, for the amendment - action requested - APPROVE AGREEMENT AMENDMENT 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. 3.22 * Courthouse Expansion Project - Notice of Completion - all contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; APPROVE NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. (FROM 8-30-05 [3.25]) HUMAN RESOURCES 3.23 * Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: PUBLIC WORKS - adds 2 positions of Road Maintenance worker/Road Maintenance Assistant. PUBLIC HEALTH-GENERAL SERVICES - deletes 1 position of Public Health Education Specialist, Senior/Public Health Education Specialist/Public Health Education Specialist, Associate. Adds 1 position of Accountant, Senior/Accountant, 1 position of Deputy Director, Public Health Nursing, 1 position of Dental Hygienist, and 1 position of Supervisor, Therapist. PUBLIC HEALTH-ENVIRONMENTAL HEALTH - deletes 1 position of Administrative Assistant. Adds 1 position of Administrative Assistant/Office Specialist, Senior/ Office Specialist/Office Assistant. NEAL ROAD SANITARY LANDFILL-MANAGEMENT - adds 2 positions of Landfill Maintenance worker, Senior/Landfill Maintenance worker. SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE C, GENERAL UNIT CLASSIFICATIONS - adds the classification of Dental Hygienist ($17.85-$21.70). SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT CLASSIFICATIONS - adds the classifications of Deputy Director, Public Health Nursing ($27.92-$33.94), and Supervisor, Therapist ($26.59-$32.32) - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 7 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 LIBRARY 3.24 * Library Donations - pursuant to Government Code Section 25355, a donation of $9,005.35 has been received from the estate of Helen R. Domalsky, ($5,506.35 for Chico Library staff support hours and $3,500 for books) - action requested - ACCEPT DONATION, EXPRESSING THE BOARD'S DEEP APPRECIATION TO THE ESTATE OF HELEN R. DOMALSKY FOR THE GENEROUS DONATION. PUBLIC HEALTH 3.25 * Emergency Medical Services Appropriation - the State Department of Health Services has notified the County of the availability of $247,595 from the Emergency Medical Services Appropriation (EMSA) for fiscal year 2005-2006. The funds will be used for reimbursement of uncompensated emergency medical services. Approval is requested for a Declaration of Intent (Option 2) not to administer the County's Emergency Medical Services allocation. This option authorizes the State Department of Health Services to administer the EMSA on behalf of the County through the EMSA Contract Back Program - action requested - APPROVE DECLARATION OF INTENT, OPTION 2, AND AUTHORIZE THE CHAIR TO SIGN. 3.26 * Nutrition Services Grant - approval is requested for a grant agreement with The CSU, Chico Research Foundation, acting as lead agency for the Sierra Cascade Nutrition and Activity Consortium, for funds to provide nutrition services. The term of the agreement is October 1, 2004, through September 30, 2005, with a maximum amount payable to the County of $53,095 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.27 * California Family Health Council, Inc. - Amendment - approval is requested for an amendment to the grant agreement with the California Family Health Council, Inc., for funds to support the Healthy Options for Teens Initiative. The amendment increases the maximum amount payable to the County by $28,500, and revises the agreements amendments to reflect the increase. All other terms and provisions remain the same. Board approval is also requested to accept and appropriate $6,587 of the revenue for grant related expenses - action requested - APPROVE AGREEMENT AMENDMENT 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. (Contract No. R40767) PAGE 8 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 3.28 * Butte County Children and Families Commission - Amendment - approval is requested for an amendment to the grant agreement with the Butte County Children and Families Commission for funds to help support the Children's Dental Program. The amendment extends the term of the agreement through June 30, 2007, increases the grant amount payable to the County by $100,000, and revises the agreements exhibits to reflect the changes. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15096) 3.29 * San Diego State University Research Foundation - approval is requested for a grant agreement with the San Diego State University Research Foundation for funds to support enhanced injury prevention efforts. The term of the agreement is July 29, 2005, through June 16, 2006, with a maximum amount payable to the County of $12,000. Board approval is also requested to accept and appropriate $9,800 of the revenue - action requested - APPROVE AGREEMENT 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. 3.30 * Fixed Asset Purchase - approval is requested for the fixed asset purchase of a computer program for the Animal Control Division in the amount of $19,811 ($15,311 for software, $4,500 for training). The software program is a fully integrated web-based animal control and shelter program that will enhance all aspects of animal and data management. Funding for the purchase is available using Animal Control Realignment Sales Tax funds and Board approval is also requested for a budget transfer to provide the needed allocation - action requested - APPROVE FIXED ASSET PURCHASE; APPROVE PURCHASE AGREEMENT 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. 3.31 * 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 Butte County Animal Control. The term of the agreement is July 1, 2005, through June 30, 2006, with a maximum amount payable of $237,962 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PAGE 9 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 PUBLIC woRxs 3.32 * Construction of Site Improvements at the Neal Road Sanitary Landfill - approval is requested to seek bids for the construction of site improvements at the Neal Road Sanitary Landfill to facilitate the placement of a modular building on the site. The work will consist of grading, drainage improvements, aggregate base and asphalt concrete surfacing, utilities, communications and waste water improvements - action requested - AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO RELEASE AN INVITATION FOR BIDS FOR CONSTRUCTION SITE IMPROVEMENTS. 3.33 * Mineral Business Appraisal - approval is requested for an agreement with Mineral Business Appraisal for the preparation of an appraisal of the Almond Avenue Gravel Pit. The term of the agreement is 120 days from the receipt of the notice to proceed, with a maximum amount payable of $25,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.34 * Federal Emergency Management Agency - approval is requested for a Cooperating Technical Partners Memorandum of Agreement with the Federal Emergency Management Agency. The agreement concerns the responsibilities and information gathering process associated with the updating and conversion of Flood Insurance Rate Maps to a digital format compatible with the County's Geographic Information System. The agreement will have no fiscal impact to the County - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. TREASURER- TAx COLLECTOR 3.35 * Resolution of the Board of Supervisors of Butte County Authorizing the Issuance of 2005-2006 Tax and Revenue Anticipation Notes for Butte County Office of Education - approval is requested by the Butte County Office of Education to issue Tax and Revenue Anticipation Notes (TRAM) for 2005-2006. Government Code Section 53853 provides that such notes must be issued in the name of the Office of Education by the Board of Supervisors of the County. The Office of Education is requesting authorization to issue Tax and Revenue Anticipation Notes in an amount not to exceed $32,500,000. The notes will be a general obligation of the Office of Education. The County has no fiduciary responsibility as to repayment of the notes - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 10 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 3.36 * Oroville Redevelopment Agency - Agreement to Sell Tax Defaulted Properties - approval is requested, pursuant to the Revenue and Taxation Code, for an agreement to sell 2 tax defaulted properties to the Oroville Redevelopment Agency as follows: 1330 Downer Street, Oroville, estimated sales price of $105,228; 2450 Montgomery Street, Oroville, estimated sales price of $37,654 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. OTHER DEPARTMENT AND AGENCIES 3.37 * Richvale Irrigation District - the Richvale Irrigation District submits a certification that the number of persons who have filed a Declaration of Candidacy for the position of Director does not exceed the number of offices to be filled and that no petition requesting a General District Election has been presented to the District. Pursuant to Elections Code Section 10515, the District is requesting the Board appoint the persons who have filed Declarations of Candidacy - action requested - APPOINT GENE C. HARRIS AND WALTER K. MEYER, DIRECTORS, TO TERMS TO END DECEMBER 4, 2009. 3.38 * Western Canal Water District - the Western Canal Water District submits a certification that the number of persons who have filed a Declaration of Candidacy for the position of Trustee does not exceed the number of offices to be filled and that no petition requesting a General District Election has been presented to the District. Pursuant to Elections Code Section 10515, the District is requesting the Board appoint the persons who have filed Declarations of Candidacy - action requested - APPOINT MILTON J. LAMALFA AND LANCE TENNIS, TRUSTEES, TO TERMS TO END DECEMBER 4, 2009; AND APPOINT ERIC F. LARRABEE, TRUSTEE, TO A TERM TO END DECEMBER 7, 2007. 3.39 * Butte Water District - the Butte Water District submits a certification that the number of persons who have filed a Declaration of Candidacy for the position of Director does not exceed the number of offices to be filled and that no petition requesting a General District Election has been presented to the District. Pursuant to Elections Code Section 10515, the District is requesting the Board appoint the persons who have filed Declarations of Candidacy - action requested - APPOINT ROBERT C. WALLER, GREGORY CORREA AND JOE BOZZO, DIRECTORS, TO TERMS TO END DECEMBER 4, 2009. PAGE 11 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 4 . ~ ~ REGULAR AGENDA BOARDS, COMMISSIONS AND COMMITTEES 4.01 * Boards, Commissions and Committees. 1. Appointments to Listed Vacancies. 2. Board Member or Committee Reports. 3. Creation of Tribal Relations Sub-committee - consideration of the creation of a Tribal Relations Sub-committee of the Board for the purpose of discussing mutual concerns with the four federally-recognized Tribes located in Butte County - action requested - CREATE A TRIBAL RELATIONS SUB-COMMITTEE OF THE BOARD; AND APPOINT TWO MEMBERS. 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 Department of Behavioral Health - Report to the Board - report on the Prevention Unit's receipt of 2 awards from the National Association of State Alcohol and Drug Abuse Directors for the Friday Night Live Mentoring and Friday Night Live/Club Live programs - action requested - ACCEPT FOR INFORMATION. (BEHAVIORAL HEALTH) 4.04 * Response to the 2004-2005 Grand Jury Final Report - submitted is the draft Board of Supervisors' response to the findings and recommendations contained in the 2004-2005 Grand Jury Final Report. The report also includes a copy of the responses provided directly to the Presiding Judge from the elected and appointed department heads - action requested - APPROVE THE DRAFT RESPONSE AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SUBMIT THE REPORT TO THE PRESIDING JUDGE OF THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE. (CHIEF ADMINISTRATIVE OFFICE) PAGE 12 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 4.05 * HR 2389 Secure Rural Schools and Community Self- Determination Act of 2000 (Federal Fire Safe Funding) Fiscal Year 2005-2006 Project Authorization - submitted are the recommendations for the fiscal year 2005-2006 HR 2389 funding submitted by the Fire Safe Council. A master agreement to implement the approved projects is submitted for Board consideration. Approval is also requested to accept and appropriate prior year unexpended funds - action requested - APPROVE THE HR 2389 PROJECTS FOR FISCAL YEAR 2005-2006 AS RECOMMENDED BY THE BUTTE COUNTY FIRE SAFE COUNCIL; APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND APPROPRIATING PRIOR YEAR FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE MASTER AGREEMENT WITH THE FIRE SAFE COUNCIL FOR IMPLEMENTATION OF THE PROJECTS (WITH THE EXCEPTION OF PROJECTS TO BE AWARDED TO CDF AND BUTTE COUNTY FIRE AS DETAILED IN THE AGENDA REPORT) AND AUTHORIZE THE CHAIR TO SIGN. (FIRE DEPARTMENT) 4.06 * Revised Financial Assurance Documents for the Neal Road Sanitary Landfill - consideration of 2 resolutions giving financial assurances for closure and post- closure activities and maintenance plans for the Neal Road Landfill as required by the California Integrated waste Management Board. The proposed resolutions provide revised closure estimates which will allow the County to apply for a withdrawal of surplus closure funds following Phase I activities which can then be applied to Phase II activities - action requested - ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A PLEDGE OF REVENUE AGREEMENT FOR POSTCLOSURE MAINTENANCE OF THE NEAL ROAD SANITARY LANDFILL AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO SIGN. (PUBLIC WORKS) 4.07 Items Removed from the Consent Agenda for Board Consideration and Action. PAGE 13 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 S.O ~ PUBLIC HEARINGS AND TIMED ITEMS 10:30 A.M. 5.01 * Public Hearing - Chico Area Recreation and Park District Fees - consideration of a resolution, pursuant to Butte County Code Section 16-33, increasing the amount of park facility fees for the area within the Chico Area Recreation and Park District - action requested - ADOPT RESOLUTION INCREASING PARK FACILITY FEES IN THE CHICO AREA RECREATION AND PARK DISTRICT AND AUTHORIZE THE CHAIR TO SIGN. 6 . ~ ~ 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. 7 . ~ ~ CLOSED SESSION 7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) 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. REASONABLE EXPANSION V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 133646); 2. DEORLE V. RUTHERFORD (UNITED STATES DISTRICT COURT CASE CIV-S-97-0434 LKK/PAN). PAGE 14 SEPTEMBER 13, 2005 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 13, 2005 7.04 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY REPRESENTATIVE: JEANNE GRAVETTE; EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT AND SUPERVISORY UNIT); DEPUTY SHERIFFS' 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 15 SEPTEMBER 13, 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