HomeMy WebLinkAboutA091404BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA
SEPTEMBER 14, 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 -SEPTEMBER 14, 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
BEHAVIORAL
HEALTH 3.01 * Budget Transfer - approval is requested to transfer
$59,898 between the Behavioral Health Department and
the Public Health Department to fund the cost of a
Public Health Nurse working in Youth System of Care
programs - action requested - APPROVE BUDGET TRANSFER
B-047 (4 /5 vote required) TRANSFERRING, ACCEPTING AND
APPROPRIATING REVENUE AS DETAILED IN THE AGENDA REPORT.
3.02 * Accept Unanticipated Revenue and Budget Transfer -
approval is requested to accept and appropriate
$898,462 in additional Federal Financial Participation
(FFP) and Early and Periodic Screening Diagnosis and
Treatment (EPSDT) program funds to a new revenue
account to provide for payment of contracted youth
organizational providers. Other FFP and EPSDT revenue
within the department's budget will also be transferred
to the new revenue account - action requested - APPROVE
BUDGET TRANSFER B-048 (4 /5 vote required) ACCEPTING,
APPROPRIATING AND TRANSFERRING REVENUE AS DETAILED IN
THE AGENDA REPORT.
3.03 * Glenn County Health Services - approval is requested
for a revenue agreement with Glenn County Health
Services for the provision of acute psychiatric
inpatient care to residents of Glenn County. The term
of the agreement is July 1, 2004, through
June 30, 2005, and provides a maximum amount payable to
the County of $80,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 1 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -SEPTEMBER 14, 2004
3.04 * Butte County Probation Department/Butte County
Department of Behavioral Health - Amendment - approval
is requested for an amendment to the Memorandum of
Understanding with the Probation Department for
assignment of three part-time Probation Officers to the
Inter-Agency Services Placement Unit for delivery of
SB933 services. The amendment extends the term of the
agreement through June 30, 2005, and increases the
maximum amount payable to the Probation Department by
$10,000 (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. X13369)
3.05 * Butte County Department of Employment and Social
Services/Butte County Department of Behavioral Health -
Amendment - approval is requested for an amendment to
the Memorandum of Understanding with the Department of
Employment and Social Services for assignment of a
full-time Social worker to the Inter-Agency Services
Placement Unit for delivery of SB933 services. The
amendment extends the term of the agreement through
June 30, 2005, and increases the maximum amount payable
to the Department of Employment and Social Services by
$20,000 (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. X13410)
CHIEF
ADMINISTRATIVE
OFFICE 3.06 * Response to the 2003-2004 Grand Jury Final Report -
submitted is the draft Board of Supervisors' response
to the findings and recommendations contained in the
2003-2004 Grand Jury Final Report. The report also
includes a copy of the responses provided directly to
the Presiding Judge from the elected and appointment
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.
PAGE 2 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -SEPTEMBER 14, 2004
3.07 * The Ferguson Group - approval is requested for an
agreement with the Ferguson Group for the provision of
legislative advocacy services for the County. The
group will pursue federal appropriations for areas such
as transportation, water quality and resources,
homeland security, and communications. The cost of the
agreement is $80,000 per fiscal year, and Board
approval is also requested for a transfer from the
General Fund Appropriation for Contingencies to provide
the needed funding - action requested - AUTHORIZE THE
CHIEF ADMINISTRATIVE OFFICER TO ENTER INTO AN AGREEMENT
WITH THE FERGUSON GROUP FOR LEGISLATIVE ADVOCACY
SERVICES, SUBJECT TO REVIEW OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-049
(4 /5 vote required) ACCEPTING AND APPROPRIATING REVENUE
FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES
AS DETAILED IN THE AGENDA REPORT.
CHILD SUPPORT
SERVICES 3.08 * Unanticipated Revenue - approval is requested to accept
and appropriate $2,203 received from the sale of a
department vehicle to the Sheriff's Office - action
requested - APPROVE BUDGET TRANSFER B-050 (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
CLERK OF
THE BOARD 3.09 * Approval of Minutes - action requested - APPROVE
MINUTES OF MAY 11, 2004, AND AUGUST 17, 2004.
CLERK-
RECORDER 3.10 * 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 in the November 2, 2004, election but 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: El Medio
Fire Protection District - Gary R. Nystuen and
Elizabeth Thayer; Durham Irrigation District-
Division 2 - Raymond Cooper; South Feather water and
Power Agency-Division 2 - Vivian Meyer; Paradise
Irrigation District-Division 1 - Claude Powers;
Paradise Irrigation District-Division 5 - Rick Hall;
Thermalito Irrigation District-Division 2 - Gary Allen;
Thermalito Irrigation District-Division 4 - Stan
Huston; Lake Oroville Area Public Utility District -
T.C. Dennis and Keith J. Fraser; Durham Recreation and
Park District - Roy Farrell and Casey Sohnrey; Paradise
Recreation and Park District - Marc F. Grosso and
Morgan Miller; and Richvale Recreation and Park
District - Audrey F. Stephens and Gregory A. Stephens.
All appointments are for 4 year terms - action
requested - APPOINT NOMINEES.
PAGE 3 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -SEPTEMBER 14, 2004
3.11 * 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 9, 2004. Following is a list of
offices that require appointment: El Medio Fire
Protection District, 1 position for a 4 year term, and
1 position for a 2 year term (a candidate for District
Director shall be a registered voter of the District);
Durham Irrigation District-Division 3, 1 position for
a 4 year term (a candidate for District Director shall
be a voter and a landowner in the District and a
resident of the division that he or she represents at
the time of his or her nomination and through his or
her entire term). 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.
DEVELOPMENT
SERVICES 3.12 * Willdan - Amendment - approval is requested for an
amendment to the agreement with Willdan for the
provision of plan examination and building inspection
services for the department. The amendment increases
the maximum amount payable by $50,001 (department
budget) to fund continued services through June 2005.
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X14838)
3.13 * Notice of Non-Renewal - Williamson Act Agreement -
approval is requested to accept a Notice of Non-Renewal
for a Williamson Act Agreement with Wayne and Kathy
Birkholz, APN 026-250-021, Williamson Act Contract
Instrument Number 68964, Book 1565, Pages 476 through
482 - action requested - ACCEPT NOTICE OF NON-RENEWAL
AND DIRECT RECORDING OF NOTICE.
3.14 * Fee Collection for Archeological Records Review
Services - approval is requested for a resolution which
will authorize the Department of Development Services
to collect the fees established by the Northeast
Information Center, California State University, Chico,
for performance of archeological records review for
discretionary land use projects subject to the
California Environmental Quality Act. Fees for
performing the search will be collected from the
project applicant by the County and the County will
then transmit those fees to the Northeast Information
Center for the records review services provided -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 4 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -SEPTEMBER 14, 2004
FIRE
DEPARTMENT 3.15 * HR 2389 Secure Rural Schools and Community Self-
Determination Act of 2000 Funding - approval is
requested to accept and appropriate supplemental
HR 2389 Secure Rural Schools and Community Self-
Determination Act of 2000 funds in the amount of
$2,096. The funds are the difference between the
department's budgeted amount for the revenue and the
actual revenue received - action requested - APPROVE
BUDGET TRANSFER B-051 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
HUMAN
RESOURCES 3.16 * Introduction of a Salary Ordinance Amendment - the
department has prepared a salary ordinance which
reflects changes contained in the fiscal year 2004-2005
final budget as follows: AUDITOR-CONTROLLER - deletes
one flexibly staffed position of Accounting
Specialist/Senior Account Clerk/Account Clerk, and one
position of Auditor-Accountant III/II. PURCHASING -
deletes one position of Buyer III/II/I. TREASURER-TAX
COLLECTOR - deletes one position of Information Systems
Technician III/II/I. ASSESSOR - deletes one flexibly
staffed position of Appraisal Specialist/Assessment
Clerk III/II, one flexibly staffed position of
Appraiser III/I/I/Appraisal Specialist, one position of
Assessment Clerk II/I, one flexibly staffed position of
Cadastral Drafting Technician/Drafting Aide, and one
flexibly staffed position of Secretary I/
Administrative Services Assistant. COUNTY COUNSEL -
deletes one position of Deputy County Counsel
IV/III/II/I. DISTRICT ATTORNEY-CRIMINAL - deletes one
position of Assistant District Attorney effective
February 28, 2005, and one half-time flexibly staffed
position of Legal Typist Clerk/Office Assistant
III/II/I. DISTRICT ATTORNEY-CHILD SUPPORT
INVESTIGATIONS - deletes one and a half positions of
District Attorney Investigator II/I, and one position
of Investigative Assistant. DISTRICT ATTORNEY-CHILD
ABDUCTION - deletes one position of District Attorney
Investigator II/I. DISTRICT ATTORNEY-WELFARE FRAUD -
deletes one position of District Attorney Investigator
II/I. SHERIFF-CORONER-SERVICES - deletes one position
of Deputy Sheriff, one position of Public Safety
Dispatcher, one position of Sheriff's Sergeant, and one
position of Sheriff's Lieutenant. Adds one position of
Information Systems Analyst III/II/I, and two positions
of Information Systems Technician II/I. SHERIFF-
CORONER - OPERATIONS - deletes two positions of Deputy
Sheriff, and one sunset position of Deputy Sheriff
(position end date 12-31-04).
(CONTINUED ON PAGE 6)
PAGE 5
SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 14, 2004
3.16 * SHERIFF-CORONER - RURAL COUNTY SUPPLEMENTAL FUNDING -
(Cont.) deletes two positions of Deputy Sheriff, one position
of Information Systems Analyst III/II/I, two positions
of Information Systems Technician II/I, and one
position of Sheriff's Clerk III/II. PROBATION-JUVENILE
HALL - deletes eight positions of Juvenile Hall
Counselor II/I, and one and a half positions of Office
Assistant III/II/I. PROBATION - deletes three
positions of Probation Technician. PROBATION-BOARD OF
CONTROL GRANT - deletes one half-time flexibly staffed
position of Legal Secretary/Legal Typist Clerk/Office
Assistant III. DEVELOPMENT SERVICES - deletes one
flexibly staffed position of Secretary I/Office
Assistant III. Adds one flexibly staffed position of
Secretary II/I/Office Assistant III. PUBLIC WORKS-
CONSTRUCTION AND MAINTENANCE - deletes two flexibly
staffed positions of Assistant Engineer/Junior
Engineer, one flexibly staffed position of Associate
Civil Engineer/Associate Engineer/Assistant Engineer,
one flexibly staffed position of Associate
Surveyor/Assistant Surveyor, and six flexibly staffed
positions of Road Maintenance worker II/I/Road
Maintenance Aide. PUBLIC HEALTH-GENERAL SERVICES -
deletes one position of Health Education Specialist
III/II/I, and one sunset position of Public Health
Nurse III/II/I (position end date 6-30-05) Adds one
position of Administrative Services Assistant, and one
position of Environmental Health Specialist III/II.
PUBLIC HEALTH-ENVIRONMENTAL HEALTH - adds three
positions of Environmental Health Specialist III/II.
BEHAVIORAL HEALTH-GENERAL SERVICES - deletes three
flexibly staffed positions of Accounting
Specialist/Senior Account Clerk/Account Clerk, one
position of Administrative Services Assistant, one
position of Auditor-Accountant II/I, one position of
Clinical Program Manager, three positions of Health
Education Specialist II/I, one position of Information
Systems Technician II/I, one position of Manager-
Program Resource and Development, one position of
Mental Health Clinician I, one position of Mental
Health Counselor, one flexibly staffed position of
Mental Health Counselor/Mental Health worker, two
positions of Program Manager-Community Services, one
flexibly staffed position of Senior Mental Health
Counselor/Mental Health Counselor, seven and a half
flexibly staffed positions of Senior Mental Health
Counselor/Mental Health Counselor/Mental Health worker,
one position of Senior Staff Services Systems
Specialist, one position of Supervisor-Clerical Support
Services, and one position of Supervisor-Health
Education Specialist.
(CONTINUED ON PAGE 7)
PAGE 6 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 14, 2004
3.16 BEHAVIORAL HEALTH-GENERAL SERVICES - adds one sunset
(Cont.) position of Program Manager-Community Services
(position end date 12-31-04), one position of
Psychiatrist, and one flexibly staffed sunset position
of Senior Mental Health Counselor/Mental Health
Counselor/Mental Health worker (position end date 12-
31-04). BEHAVIORAL HEALTH-SUBSTANCE ABUSE SERVICES -
deletes one position of Administrative Services
Assistant and one sunset position of Health Education
Specialist III/II (position end date 12-31-05). Adds
three positions of Health Education Specialist II/I,
and one position of Information Systems Technician
II/I. CHILD SUPPORT SERVICES - deletes three flexibly
staffed positions of Accounting Specialist/Senior
Account Clerk/Account Clerk, one position of
Administrative Analyst III/II/I, one position of
Courier-Stock Clerk, two positions of Family Support
Case Manager III/II/I, one position of Information
Systems Analyst II/I, one position of Information
Systems Technician II/I, and four positions of Office
Assistant III/II/I. Adds two flexibly staffed sunset
positions of Accounting Specialist/Senior Account
Clerk/Account Clerk (position end dates 9-30-05).
FACILITIES SERVICES - deletes two positions of Janitor.
CENTRAL DUPLICATING - deletes one position of Offset
Duplicating Machine Operator II/I. CENTRAL
COMMUNICATIONS - deletes one position of Administrative
Analyst III/II/I, and one position of Office Assistant
III/II/I. NEAL ROAD SANITARY LANDFILL-MANAGEMENT -
adds one position of Landfill Maintenance worker II,
one position of Landfill Scale Attendant, and one
position of Senior Landfill Equipment Operator. NEAL
ROAD SANITARY LANDFILL-USED OIL BLOCK GRANT - adds one
position of Recycling Coordinator II/I - action
requested - WAIVE READING OF THE ORDINANCE.
LIBRARY 3.17 * Library Donation - pursuant to Government Code Section
25355, a donation of $330 from the Chico Friends of the
Library group has been received for the Butte County
Trust Fund for the purchase of books - action
requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
PROBATION 3.18 * Resolution in Appreciation of William R. Dague Upon His
Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
PAGE 7 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 14, 2004
PUBLIC
HEALTH 3.19 * California Department of Health Services - approval is
requested for a revenue agreement with the California
Department of Health Services for funds to support the
Chlamydia Awareness Prevention Program. The term of
the agreement is July 1, 2004, through June 30, 2009,
with a maximum amount payable to the County of $9,077
per fiscal year - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.20 * California Department of Health Services - approval is
requested for a revenue agreement with the California
Department of Health Services for funds to support the
TeenSMART Outreach Program. The term of the agreement
is January 1, 2004, through June 30, 2006, with a
maximum amount payable to the County of $90,000 per
fiscal year - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.21 * California Department of Health Services - approval is
requested for a grant agreement with the California
Department of Health Services for funds to support
preparedness and response to bioterrorism activities.
The term of the agreement is July 1, 2003, through
June 30, 2004, with a maximum amount payable to the
County of $460,394 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.22 * Medifax-EDI, LLC - Amendment - approval is requested
for an amendment to the agreement with Medifax-EDI,
LLC, for the provision of electronic billing services
in compliance with State requirements. The amendment
extends the term of the agreement through
June 30, 2005, and increases the maximum amount payable
by $90,000 (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. X11682)
PAGE 8 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 14, 2004
PUBLIC
woRxs 3.23 * Resolution Authorizing the Submittal of the Butte
Regional Tire Recycling Grant Program Application -
approval is requested to submit a grant application, as
lead agency on behalf of the County, City of Biggs,
City of Chico, City of Gridley, City of Oroville, and
Town of Paradise, for funds under the 2004-2005 Local
Government Public Education and Amnesty Day Grant for
waste tires. Regional applicants are eligible for up
to $100,000, and if funded the department will plan at
least two tire amnesty events - action requested -
ADOPT RESOLUTION APPROVING GRANT SUBMITTAL AND
AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE DEPARTMENT
OF PUBLIC WORKS TO ACT AS LEAD AGENCY FOR APPLICATION
AND ADMINISTRATION OF THE GRANT; AND AUTHORIZE THE
DIRECTOR-PUBLIC WORKS, OR DESIGNEE, TO EXECUTE ALL
DOCUMENTS ASSOCIATED WITH SECURING THE GRANT FUNDING
AND IMPLEMENTING THE PURPOSES SPECIFIED IN THE GRANT
APPLICATION.
3.24 * Resolution Approving the Overall Annual Disadvantaged
Business Enterprise (DBE) Program Goal of loo for
Federal Fiscal Year 2004-2005 - as a condition to
receiving federal program funding for Department of
Transportation assisted contracts, the County is
required to develop and submit goal setting
methodologies and an overall annual goal for
Disadvantaged Business Enterprise participation. In
accordance with the federal regulations, the County has
developed a proposed overall annual DBE goal of loo for
Federal Fiscal Year 2004-2005, to ensure full
compliance with all relevant regulatory requirements -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN.
3.25 * Partial Final Closure of Modules 1, 2, and 3, at the
Neal Road Sanitary Landfill; County Project No. 757-
5803; Contract Change Order (CCO) No. 3 - CCO No. 3, in
the increasing amount of $23,572.50, provides funding
for additional erosion control measures. Funding for
the increase will be provided by the Neal Road Sanitary
Landfill Enterprise Fund - action requested - APPROVE
CONTRACT CHANGE ORDER NO. 3 AND AUTHORIZE THE CHAIR TO
SIGN.
3.26 * Cascade Consulting - approval is requested for an
agreement with Cascade Consulting for grant management,
project implementation, and management services for the
ninth and tenth cycle Used Oil Block Grants. The term
of the agreement is September 1, 2004, through
May 15, 2005, with a maximum amount payable of $41,000
(grant funds). The agreement is the result of a
Request For Proposal selection process - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
PAGE 9 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 14, 2004
SHERIFF'S
OFFICE 3.27 * Resolution in Appreciation of Terri Burdine Upon Her
Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.28 * Resolution in Appreciation of Mitchell Medved Upon His
Retirement from the County of Butte - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.29 * Federal Equitable Sharing Annual Certification Report -
approval is requested for the Annual Certification
Report to be submitted to the United States Department
of Justice and the United States Department of
Treasury. The report provides a summary of the
equitable sharing activities for the Butte County
Sheriff's Office for fiscal year 2003-2004 - action
requested - APPROVE ANNUAL CERTIFICATION REPORT AND
AUTHORIZE THE CHAIR AND THE SHERIFF TO SIGN.
3.30 * Canteen Correctional Services - approval is requested
for a revenue agreement with Canteen Correctional
Services for provision of commissary services in the
Butte County Jail. The term of the agreement is
September 1, 2004, through August 31, 2007, with a
maximum amount payable to the County of 370 of the net
sales. The agreement is the result of a competitive
proposal process - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (FROM 8-17-
04 [3.37] )
TREASURER-TAX
COLLECTOR 3.31 * 2004-2005 Butte County Office of Education Tax and
Revenue Anticipation Notes (TRAN) - pursuant to
California Government Code Section 53853, the Butte
County Office of Education is requesting the Board
authorize the issuance of TRANS for 2004-2005. The
notes to be issued will not exceed $35,000,000. The
notes will be a general obligation of the Butte County
Office of Education. The County has no fiduciary
responsibility as to repayment of the notes - action
requested - ADOPT RESOLUTION AUTHORIZING ISSUANCE OF
TAX AND REVENUE ANTICIPATION NOTES AND AUTHORIZE THE
CHAIR TO SIGN.
PAGE 10 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
4.00
BOARDS,
COMMISSIONS AND
COMMITTEES 4 . O Z
UPDATE 4.02
AND 1JISCUSSION
ITEMS 4.03
REGULAR AGENDA
AGENDA -SEPTEMBER 14, 2004
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.
Presentation to the Board - Mental Health Initiative -
Proposition 63 - Mental Health Services Act - the
initiative would enact a state personal income tax
surcharge of to on taxable incomes in excess of $1
million beginning January 1, 2005. The proceeds from
the tax would finance an expansion of community mental
health programs for children and adults - action
requested - ACCEPT FOR INFORMATION. (BEHAVIORAL
HEALTH)
4.04 * HR 2389 Secure Rural Schools and Community Self-
Determination Act of 2000 (Federal Fire Safe Funding)
Fiscal Year 2004-2005 Project Authorization - submitted
are the recommendations for the fiscal year 2004-2005
HR 2389 funding submitted by the Fire Safe Council. A
master agreement to implement the approved projects is
also submitted for Board consideration - action
requested - APPROVE THE HR 2389 PROJECTS FOR FISCAL
YEAR 2004-2005 AS RECOMMENDED BY THE BUTTE COUNTY FIRE
SAFE COUNCIL; AND APPROVE MASTER AGREEMENT WITH THE
FIRE SAFE COUNCIL FOR IMPLEMENTATION OF THE PROJECTS
(WITH THE EXCEPTION OF 04-HR2389-17. PROJECT TO BE
AWARDED TO BUTTE COUNTY FIRE) AND AUTHORIZE THE CHAIR
TO SIGN. (FIRE DEPARTMENT)
PAGE 11 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 14, 2004
4.05 * Resolution Establishing the North Valley Animal
Disaster Group as an Affiliate of the Butte County
Public Health Department - consideration of a
resolution which would allow the North Valley Animal
Disaster Group to provide emergency assistance for
animals in times of disaster or emergency - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (PUBLIC HEALTH)
4.06 * Setback Provisions for Non-Conforming Lots - discussion
regarding revisions to the Butte County Code to allow
for reduced front and rear yard setbacks on legal non-
conforming lots - action requested - DIRECT STAFF TO
DRAFT REVISIONS AND RETURN DRAFT REVISIONS TO THE BOARD
FOR FURTHER CONSIDERATION AND ACTION. (DEVELOPMENT
SERVICES)
4.07 Items Removed from the Consent Agenda for Board
Consideration and Action.
4.08 Adjourn as the Butte County Board of Supervisors and
Convene as the Butte County In-Home Supportive Services
Public Authority Board.
PAGE 12 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
AGENDA -SEPTEMBER 14, 2004
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
AGENDA
SEPTEMBER 14 , 2 0 04
1.00 Call to Order - Butte County Board of Supervisors Room,
25 County Center Drive, Oroville.
2.00 Agenda Items
2.01 * Resolution Authorizing Amendment to the Contract with
the Public Employees' Retirement System - on
August 3, 2004, the Board approved a resolution of
intention to approve an amendment to the contract
between the Board of Administration, California Public
Employees' Retirement System, and the Governing Board
of the Butte County In-Home Supportive Services Public
Authority, to provide a 20 at 55 full and modified
formula for local miscellaneous members. The
modification is requested as a result of the approval
of Social Security coverage for all eligible employees
of the Public Authority - action requested - ADOPT
RESOLUTION 04-003 APPROVING AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN.
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 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 14, 2004
S.OO PUBLIC HEARINGS AND TIMED ITEMS
10:30 A.M. 5.01 * Public Hearing - County Service Area No. 163 (Thorntree
Industrial Park) - Increase in Annual Service Charge -
Protest Hearing and Ballot Proceeding - on
July 13, 2004, the Board adopted a resolution directing
commencement of procedures to impose a new and/or
increased annual service charge in County Service Area
(CSA) No. 163. The proposed maximum service fee of
$200 per parcel will fund improvements and maintenance
of the fire protection system - action requested - OPEN
HEARING; ACCEPT PROTESTS OR PROPERTY OWNER BALLOTS;
CLOSE HEARING; DETERMINE RESULTS OF BALLOT MEASURE; IF
MAJORITY BALLOTS ARE IN FAVOR OF THE INCREASE SERVICE
CHARGE, ADOPT A RESOLUTION ESTABLISHING THE NEW CHARGE
AND AUTHORIZE THE CHAIR TO SIGN.
10:35 A.M. 5.02 * Public Hearing - County Service Area No. 82 (Stirling
City Sewer) - Increase in Annual Service Charge -
Protest Hearing - on July 13, 2004, the Board adopted
a resolution directing commencement of the procedures
to impose an increased annual service charge in County
Service Area (CSA) No. 82. The proposed increase of
$40 + $26.12/unit, will fund recent increases in waste
discharge permit fees charged by the State of
California, State water Resources Control Board, and
address prior year budget shortages - action
requested - OPEN HEARING; ACCEPT PROPERTY OWNER
PROTESTS; CLOSE HEARING; DETERMINE IF MAJORITY PROTEST
EXISTS; IF NO MAJORITY PROTEST EXISTS, ADOPT A
RESOLUTION ESTABLISHING THE INCREASED CHARGE AND
AUTHORIZE THE CHAIR TO SIGN.
11:00 A.M. 5.03 * Public Hearing - Appeal of Determination Regarding
Recognition Petition - the Operating Engineers Local
Union No. 3 has filed an appeal of the Director-Human
Resources' determination regarding the creation of a
Trades and Crafts Unit - action requested - STAFF IS
RECOMMENDING THE BOARD DENY THE APPEAL AND UPHOLD THE
DIRECTOR-HUMAN RESOURCES' DECISION TO DENY THE
MODIFICATION.
PAGE 14 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA -SEPTEMBER 14, 2004
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 SIGNIFICANT
EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(b)(1) TWO POTENTIAL CASES.
7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a):
1. ROWE v. COUNTY OF BUTTE
BUTTE COUNTY SUPERIOR COURT CASE NO. 128705
2. WHEAT v. COUNTY OF BUTTE
BUTTE COUNTY SUPERIOR COURT CASE NO. 128644
PAGE 15 SEPTEMBER 14, 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