HomeMy WebLinkAboutM012610BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES
JANUARY 2 6, 2 010
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County Supervisors
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Bill Connelly, District 1
Jane Dolan, District 2
Maureen Kirk, District 3
Steve Lambert, District 4
Kim Yamaguchi, District 5
Scott Tandy, Interim Chief
Administrative Officer and
Clerk of the Board
Bruce Alpert, County Counsel
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 26 , 2010
Called to order at 9:08 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Kirk, Lambert, Yamaguchi, and Chair
Connelly. Also present: Scott Tandy, Interim Chief Administrative
Officer; Bruce Alpert, County Counsel and Kathleen Moghannam,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
1004-001 CORRECTIONS AND~OR CHANGES TO THE AGENDA.
1. Notice of Non-Compliance - Pursuant to Butte County Code
Section 41-10(a), a separate Notice of Noncompliance was
recorded on January 8, 2008 on each of two (2) properties
owned by The Lands of Engelbrecht Diamondville Horse Ranch,
LLC and Greg and April Engelbrecht because of the
installation of fences and a masonry rock driveway entrance
placed in the County right of way along the properties
located on both sides of Centerville Road - action
requested - 1)DIRECT THE ENGELBRECHTS TO RELOCATE THE FENCES
AND ROCK WALL DRIVEWAY ENTRANCE TO THE ACTUAL PROPERTY LINE
FOR BOTH PARCELS; OR 2)UPON A WRITTEN REQUEST, ALLOW THE
ENGELBRECHTS TO RELOCATE THE FENCES AND ROCK WALL DRIVEWAY
ENTRANCE TO A POINT THAT WILL PROVIDE FOR AN ULTIMATE SIXTY
FEET RIGHT OF WAY WIDTH AND MAKE AN APPLICATION FOR THE
COUNTY TO ABANDON THE REMAINING TEN FEET OF RIGHT OF WAY FOR
BOTH PARCELS. (Department of Public Works)
AT THE REQUEST OF THE PROPERTY OWNER, THIS ITEM WILL RETURN ON THE
FEBRUARY 23, 2010 BOARD OF SUPERVISORS AGENDA. NO ACTION OR
DISCUSSION OCCURRED AT THIS MEETING.
2. Accept Donation - approval is requested to accept donations
of $2,015 made to the Department of Behavioral Health in
memory of Stephen Abell. The donation will be used for the
department's Paradise Treatment Center Facility - action
requested - ACCEPT DONATIONS AND APPROVE BUDGET TRANSFER (4/5
VOTE REQUIRED) ACCEPTING AND APPROPRIATING UNANTICIPATED
FUNDS AS OUTLINED IN THE AGENDA REPORT. (Behavioral Health)
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
PAGE 1 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 26 , 2010
CONSENT AGENDA
1004-002 1. Victor Treatment Centers, Inc. - approval is requested for
this agreement for the provision of day treatment services,
medication support, residential services, and crisis
intervention to mentally ill youth at their facility in
Redding, CA. The term of the agreement is July 1, 2009
through June 30, 2010 with a maximum amount payable of
$71,860 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral
Health)
2. Stonewall Alliance of Chico - approval is requested for an
agreement with Stonewall Alliance of Chico for the provision
of education, outreach, and training to gay, lesbian, bi-
sexual, transgender, and questioning transitional aged
youth, caregivers/parents, community individuals, agency
staff, volunteers, and community groups for the purpose of
preventing suicide and reducing mental health problems. The
term of the agreement is December 1, 2009 through June 30,
2010 with a maximum amount payable of $61,875 (department
budget using MHSA funds) - action requested - APPROVE THE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral
Health)
3. Tulare County Office of Education - approval is requested for
a revenue agreement with Tulare County for the Friday Night
Live mentoring program. The term of the agreement is
October 1, 2009 through September 30, 2010 with a maximum
amount payable to Butte County of $33,500 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Behavioral Health)
4. FEMA Funds Transfer Budget Appropriation - The Butte County
Office of Emergency Management (OEM) filed a claim with the
Federal Emergency Management Agency (FEMA) on behalf of Butte
County for reimbursement of the 2006 Winter Storm (DR1628)
large project expenditures. The money has been received and
a budget appropriation needs to be made into the OEM
expenditure account so that these funds may be disbursed to
Public Works - action requested - APPROVE BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS
DETAILED IN THE AGENDA REPORT. (Chief Administrative Office)
PAGE 2 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 26 , 2010
5. Resolution for Consideration to Designate the entire County
of Butte as a Recoverv Zone, and Consideration of a Recoverv
Zone Bond Allocation Waiver - One of the new provisions of
the American Recovery and Reinvestment Act of 2009 (AARA)
includes the issuance of Recovery Bonds. The Recovery Bonds
are comprised of: 1) Economic Development Bonds, and 2)
Facility Bonds. Recovery Zone Economic Development and
Facility Bonds can only be utilized within the boundaries of
a designated Recovery Zone - action requested - 1) APPROVE
THE RESOLUTION NO. 10-015 OF ZONE DESIGNATION, AND AUTHORIZE
THE CHAIR TO SIGN 2) APPROVE THE REQUEST FOR WAIVER, AND
AUTHORIZE STAFF TO SIGN AND SUBMIT TO THE CALIFORNIA DEBT
LIMIT ALLOCATION COMMITTEE PRIOR TO JANUARY 31, 2010. (Chief
Administrative Office)
6. Resolution Recognizing January 24 through 30, 2010 as
Employment and Eligibility Staff Recognition Week in Butte
Countv - action requested - ADOPT RESOLUTION NO. 10-016 AND
AUTHORIZE THE CHAIR TO SIGN. (Employment and Social Services)
7. Appointment to the In-Home Supportive Services Advisory
Committee - action requested - REAPPOINT MARK CORDON TO A
TERM TO END DECEMBER 19, 2012. (Employment and Social
Services)
8. Accept Unanticipated Revenue - approval is requested to
accept $342,000 from Medical for the purchase of fixed
assets, including computer equipment and software to comply
with Meds Security requirements by July 1, 2010 - action
requested - 1) ACCEPT AND APPROPRIATE UNANTICIPATED REVENUE
AND APPROVE RELATED BUDGET TRANSFER; AND 2) APPROVE FIXED
ASSET PURCHASE AS DESCRIBED IN THE AGENDA REPORT. (Employment
and Social Services)
9. Butte County In-Home Supportive Services (IHSS) Public
Authority - The State's Fiscal Year (FY) 2009/2010 Budget
included significant reforms to strengthen efforts to detect,
prevent, and reduce fraud in the IHSS program. The
Department of Employment and Social Services (DESS) and the
IHSS Public Authority have developed a Memorandum of
Understanding for partial implementation of these new
regulations. DESS also requests approval for two additional
positions as detailed in the agenda report, appropriation for
services and supplies, and one vehicle to provide DESS with
the necessary resources to comply with the State mandate -
action requested - 1) ACCEPT AND APPROPRIATE $167,838 IN
UNANTICIPATED REVENUE AND APPROVE RELATED BUDGET TRANSFER
(4/5 vote required); 2) APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND 3) APPROVE THE FIXED ASSET PURCHASE
OF ONE VEHICLE NOT TO EXCEED $20,000. (Employment and Social
Services)
PAGE 3 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 26 , 2010
10. Resolution Recocrnizincr Chief Henri Brachais Upon His
Retirement - action requested - ADOPT RESOLUTION NO. 10-017
AND AUTHORIZE THE CHAIR TO SIGN. (Fire)
11. Introduction of Salary Ordinance - the department has
prepared a salary ordinance which incorporates changes from
the Fianl Budget for Fiscal Year 2009/2010. The following
is a summary of the proposed ordinance:
SECTION 1: SUBJECT AND SHORT TITLE - Identifies the subject
of the ordinance as determining salaries and positions, and
that it shall be known as the "Salary Ordinance."
SECTIONS 2 THROUGH 56: ALLOCATED POSITIONS - Identifies the
number of positions and appropriate classifications
authorized for each designated department or budget unit, by
budget unit number and department name.
SECTION 57: SALARY PLAN FOR CLASSIFIED POSITIONS - Identifies
the classified positions and the appropriate salary
designation per classification by employee association unit.
All salary tables now have the adjusted salaries that became
effective on October 7, 2007. This is the effective date of
the last cost of living adjustment (COLA) agreed upon with
the respective bargaining units.
SECTION 58: SALARY PLAN FOR ELECTED AND APPOINTED OFFICIALS -
Identifies the appropriate salary designation for appointed
and elected officials. Reference C, Board of Supervisors'
Members reflects the salary after January 1, 2007.
SECTION 59 PAYMENT OF SALARIES AND WAGES - Specifies salary
and wage policies shall be in accordance with the Merit
System Ordinance and Resolution, and when salaries are to be
paid.
SECTION 60: REPEAL - Repeals the existing Salary Ordinance
No. 3991, all amendments thereto, and any and all other
inconsistent ordinances.
SECTION 61: SEVERABILITY - The invalidity of any part of the
ordinance shall not affect the remaining parts.
SECTION 62: EFFECTIVE DATE AND PUBLICATION - The Salary
Ordinance shall be in effect as of February 9, 2010. Within
fifteen (15) days after its passage, a summary shall be
published with names of those supervisors voting for and
against it, a certified copy of the full text shall be posted
in the Office of the Clerk of the Board of Supervisors -
action requested - WAIVE READING OF THE ORDINANCE. (Human
Resources)
PAGE 4 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 26 , 2010
12. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows:
BEHAVIORAL HEALTH - requests to flexibly staff one (1)
position of Inventory Warehouse Specialist to Inventory
Warehouse Specialist, Senior/Inventory Warehouse Specialist.
This change will allow the department greater flexibility
when hiring. This change will leave the total allocations
in the department unchanged as 312.75.
EMPLOYMENT AND SOCIAL SERVICES - requests to add one (1)
position of Social Services Aide to budget unit 570-001 and
one (1) position of Social Worker, Senior/Social
Worker/Social Worker, Associate to budget unit 570-004. The
costs for these positions will be funded by a funding
augmentation to perform new Anti- Fraud and Program Integrity
activities and previously allocated IHSS funds. These
changes will increase the total allocation in the department
from 558.4 to 560.4.
HUMAN RESOURCES - the department is requesting to change the
annual base salary for the following Department Heads as
detailed in the agenda report: Agricultural
Commissioner/Director of Weights & Measures, Chief Probation
Officer, Director of Child Support Services, and Director of
Development Services. Pursuant to Resolution 08-057 -
Resolution of the County of Butte Benefits of Butte County
Department Heads, a new base salary shall be established upon
the renewal or extension of an appointment Department Head's
contract through survey of comparison counties. The
Resolution has since been superseded by Resolution 09-071,
however the changes to the contracts for the Department
Heads listed above were approved by the Board of Supervisors
under Resolution 08-057.
Pursuant to Board Resolution 06-062 which establishes that
the top step of Assistant Department Heads salary ranges be
set at the range that is closest to twenty percent (200)
differential to the Department Heads actual salary, the
changes to the following classifications are to be concurrent
with those changes of respective Department Heads listed
above: Assistant Agricultural Commissioner/Director of
Weights & Measures; Assistant Chief Probation Officer;
Assistant Director of Child Support Services; Assistant
Director of Development Services; and Superintendent,
Juvenile Hall - action requested - ADOPT RESOLUTION NO. 10-
018 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources)
PAGE 5 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 26 , 2010
13. Successor Memoranda of Understanding - Over the past several
months, the County and bargaining teams of Butte County
Management Employees Association (BCMEA),
Butte County Correctional
Officers Association (BCCOA), Communication Workers of
American-Social Services Unit (CWA), Probation Peace Officer
Association (PPOA), Professional Employees Association(PEA),
and Deputy Sheriffs Association(DSA) have met and conferred
over successor Memoranda of Understanding. PPOA, PEA, BCEA,
BCMEA, and CWA have ratified the terms of the County's offer
for a successor Memorandum of Understanding (MOU) all of
which expired on September 30, 2008. The major provisions
of the new labor agreements are as follows: 1) status quo
for County contributions to employee health benefits; 2)
status quo for salaries; and 3) changes to the County's
contribution to the retiree health premium limiting it to the
value of the Core plan and eliminating this benefit for
employees hired after June 30, 2010. The term of the new
MOUs will run through June 30, 2010 - action requested -
APPROVE SUCCESSOR MEMORANDA OF UNDERSTANDING WITH THE PPOA,
PEA, BCMEA, , AND CWA FOR THE TERMS OF DECEMBER 1, 2009
THROUGH JUNE 30, 2010. (Human Resources)
THE BCEA AGREEMENT WAS REMOVED FROM CONSIDERATION IN THIS
ITEM. ALL OTHER AGREEMENTS WERE APPROVED.
14. ESRI, Inc (Environmental Svstems Research Institute) - ESRI,
Inc. provides the enterprise G.I.S. platform utilized by the
County. Due to the significant budget reductions in the FY
2009/2010 budget, technology related maintenance contracts
were not renewed or extended. Due to savings in current
budget, Information Systems is seeking to reactivate the
ESRI, Inc. Maintenance contract by amending and increasing
the existing contract by $21,165 through the 2009/2010 FY.
No additional funding is required - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Information Systems)
15. CRW Svstems, Inc. - amendment - approval is requested for an
amendment to the agreement with CRW Systems, Inc (TrackIt)
for the provision of Development Services permitting platform
utilized by various County departments. Due to the
significant budget reductions in the FY 2009/2010 budget,
technology related maintenance contracts were not renewed or
extended. This amendment reactivates the CRW Systems, Inc.
maintenance contract by amending and increasing the existing
contract by $16,000 through the 2009/2010 FY (department
budget) - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
PAGE 6 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 26 , 2010
16. Sentinel Offender Services, LLC - amendment - approval is
requested for an amendment to the agreement with Sentinel
Offender Services, LLC for the provision of electronic
monitoring services of youthful offenders on probation. The
amendment extends the term of the contract through June 30,
2010 with a maximum payable of $289, 000 - action requested -
APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Probation)
17. Fixed Asset Purchase and Budget Adjustment - approval is
requested for the fixed asset purchase of two (2) vehicles
that will replace vehicles with higher mileage and costs
associated with maintenance. Funds for the purchase will come
from the Motor Vehicle Realignment Growth Account (Fund 0021-
10117461)as reported in the Comprehensive Analysis of Fund
Balance presented to the Board on December 14, 2009 - action
requested - APPROVE THE PURCHASE OF TWO (2) FIXED ASSETS IN
THE AMOUNT OF $62,000; APPROVE BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT. (Public Health)
18. California Family Health Council, Inc. (CFHC)- approval is
requested for an agreement with California Family Health
Council, Inc., a non-profit California Corporation to
provide funding in the amount of $124,617 to the Public
Health Department for family planning services. The term of
the contract is from January 1, 2010 through December 31,
2010 (department budget)- action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Public Health)
19. Contract Change Order for the Construction of Aguas Frias
Road Bridge; County Project No. 23201-95-1 - approval is
requested for this change order which provides increased
funding for additional flagging costs that were accrued by
the contractor during the construction of the project. The
change order also increases the original engineer's estimate
to reflect the actual quantities that were placed in the
field and decreases the original engineer's estimate to
reflect the actual quantities that were not placed in the
field. This contract change order results in a overall
decrease to the contract of $8,774.68 - action requested -
APPROVE CONTRACT CHANGE ORDER AND AUTHORIZE CHAIR TO SIGN.
(Public Works)
PAGE 7 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 26 , 2010
20. Contract Chance Order No. 1 For Construction of State Route
99 Frontage Road: County Project No. 50255C-2005-1 -
approval is requested for this change order which provides
funding for relocating existing AT&T and PG& E utilities
that were in conflict with the new roadway alignment and were
not part of the original contract for an overall increase to
the contract of $9,233.75 - action requested - APPROVE
CONTRACT CHANGE ORDER AND AUTHORIZE CHAIR TO SIGN. (Public
Works)
21. Kilkare Subdivision, APN 047-690-002 - Kilkare Subdivision
is located on the northeast corner of Kilkare Lane and
Meridian Road and is a private street subdivision comprised
of six 5-acre lots. The developer provided performance bonds
and a subdivision agreement to guarantee the construction of
onsite improvements. The current subdivision agreement has
expired, and the developer has requested to execute a new
agreement to extend the deadline for construction of
improvements through December 15, 2010. The department
recommends approval of the agreement - action requested -
APPROVE NEW SUBDIVISION AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Public Works)
22. Ameresco Butte, LLC - On October 21, 2008, the Board of
Supervisors approved a Lease Agreement with Ameresco Butte,
LLC, as part of a biogas to energy project. The lease runs
concurrently with the Landfill Gas Purchase Agreement between
the County of Butte and Ameresco Butte, LLC and allows the
use of approximately 1 acre of Neal Road Recycling and Waste
facility property to allow the construction of an energy
plant. Pursuant to Government Code 66428(a)(2), this lease
of a portion of the County property does not necessitate the
filing of a parcel map - action requested - FIND THAT PUBLIC
POLICY DOES NOT NECESSITATE THE FILING OF A PARCEL MAP FOR
THE COUNTY OF BUTTE TO LEASE A PORTION OF ITS PROPERTY
LOCATED AT THE NEAL ROAD RECYCLING AND WASTE FACILITY TO
AMERESCO BUTTE, LLC TO CONSTRUCT A BIOGAS TO ENERGY PLANT.
(Public Works)
23. Accept Unanticipated Revenue - approval is requested to
accept $4,064.85 from insurance reimbursement from a patrol
car accident - action requested - APPROVE BUDGET TRANSFER
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUES AS DETAILED IN THE AGENDA REPORT. (Sheriff-Coroner)
PAGE 8 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 26 , 2010
24. Sentinel Offender Services, LLC - amendment - approval is
requested for an amendment to the agreement with Sentinel
Offender Services, LLC for the provision of electronic
monitoring services of certain persons sentenced to jail to
serve their time at home. The amendment extends the term of
the contract through June 30, 2010 with an increase in the
agreement of $2,500 - action requested - APPROVE THE
AGREEMENT AMENDMNET AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.(Sheriff-Coroner)
25. Accept Unanticipated Revenue - approval is requested to
accept $49,082 in funds for the School Resource Officer (SRO)
services at Las Plumas High School - action requested -
APPROVE BUDGET TRANSFER (4/5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
(Sheriff-Coroner)
26. Monthly Investment Report - submitted is the monthly
investment report dated December 31, 2009, in accordance
with Butte County Statement of Investment Policy dated July
1, 2009 - action requested - ACCEPT FOR INFORMATION.
(Treasurer/Tax Collector)
27. Oroville Mosquito Abatement District - action requested -
REAPPOINT STEVE LAWRENCE AND RICK ROBERTSON TO TERMS TO END
DECEMBER 31, 2011. (Other Departments and Agencies)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM
3.03 WHICH WAS REMOVED FOR DISCUSSION ON THE REGULAR AGENDA AND
WITH THE EXCEPTION OF THE BCEA AGREEMENT (ONE OF THE FIVE
AGREEMENTS LISTED) WITHIN ITEM 3.14.
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PRESENTATION OF RESOLUTIONS ADOPTED ON THE CONSENT AGENDA.
1. RESOLUTION RECOGNIZING JANUARY 24 THROUGH 30, 2010 AS
EMPLOYMENT AND ELIGIBILITY STAFF RECOGNITION WEEK IN BUTTE
COUNTY. CATHI GRAMS, THE DIRECTOR OF THE DEPARTMENT
EMPLOYMENT AND ELIGIBILITY, ACCEPTED THE RESOLUTION.
2. RESOLUTION RECOGNIZING CHIEF HENRI BRACHAIS UPON HIS
RETIREMENT.
PAGE 9 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
REGULAR AGENDA
1004-003 Boards, Commissions and Committees.
MINUTES -JANUARY 26 , 2010
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports.
SUPERVISOR YAMAGUCHI REPORTED ON A MEETING OF THE REGIONAL
COUNCIL OF RURAL COUNTIES AND THE SOLID WASTE COMMITTEE. (11:20)
SUPERVISOR DOLAN PROVIDED A REPORT ON THE SACRAMENTO RIVER
CONSERVATION FORUM. (14:02)
CHAIR CONNELLY PROVIDED A REPORT REGARDING THE OROVILLE
VETERAN'S MEMORIAL COMMITTEE. (14:50)
3. Board of Supervisors Committee and Subcommittee Assignments -
consideration of the various board, commission, committee and
subcommittee assignments for Board members - action
requested - ALTER OR REAFFIRM CURRENT ASSIGNMENTS LISTING;
AND MAKE NEEDED APPOINTMENTS.
MOTION: I MOVE THAT BUTTE COUNTY NOT DESIGNATE AN ALTERNATE TO THE SUTTER
BUTTE FLOOD CONTROL JPA. (SUPERVISOR KIRK IS NO LONGER AN
ALTERNATE)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
MOTION: I MOVE TO CONFIRM AND/OR REAPPOINT ALL BOARD MEMBERS TO THE
CURRENT COMMITTEE ASSIGNMENTS EACH MEMBER HAS. (SUPERVISORS
YAMAGUCHI AND SUPERVISOR KIRK ARE REAPPOINTED AS REPRESENTATIVE
AND ALTERNATE TO THE BEHAVIORAL HEALTH BOARD; SUPERVISORS CONNELLY
AND LAMBERT ARE REAPPOINTED AS DELEGATE AND ALTERNATE OF THE
NATIONAL ASSOCIATION OF COUNTIES (NACO); SUPERVISORS YAMAGUCHI AND
KIRK ARE REAPPOINTED AS DELEGATE AND ALTERNATE TO THE REGIONAL
COUNCIL OF RURAL COUNTIES (RCRC); AND SUPERVISORS YAMAGUCHI AND
DOLAN ARE REAPPOINTED AS REPRESENTATIVE AND ALTERNATE TO THE SOLID
WASTE PERMIT ENFORCEMENT AND APPEAL INDEPENDENT HEARING PANEL.)
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1004-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer.
SCOTT TANDY, INTERIM CHIEF ADMINISTRATIVE OFFICER PROVIDED A
REPORT REGARDING THE FEDERAL AND STATE BUDGET DEFICITS.
PAGE 10 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 26 , 2010
1004-005 Update of General Plan 2030 Process by Director-Development
Services.
TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED AN UPDATE
TO THE BOARD.
1004-006 General Fund Reserve Policy - The General Fund Balance is a
critical measurement of a local government agency's economic
condition and general credit worthiness. Planning for a prudent
level of fund balance is one measurement of a government's ability
to manage risk. Potential economic risks include property and
sales tax revenue fluctuations, cash flow cycles, expenditure
flexibility in managing cost, unanticipated cost, disaster related
cost, and the structural soundness of state and federal budgets to
which local government is closely related. One way of ensuring an
adequate fund balance is the establishment of a General Fund
Reserve, which serves as an insurance policy and risk management
tool. In recognition of the merits of a General Fund Reserve
Policy, the Grand Jury Report for the 2008-2009 fiscal year
recommended the Board of Supervisors adopt such a policy. The
Board of Supervisors directed staff to research and prepare a
draft policy by January 31, 2010 for Board consideration - action
requested - ADOPT THE GENERAL FUND RESERVE POLICY. (Chief
Administrative Office)
PRESENTATION BY GREGORY G. ITURRIA, CHIEF FINANCIAL OFFICER.
PEGGY MOAK, ASSISTANT TREASURER SPOKE ON BEHALF OF TREASURER/TAX
COLLECTOR, C. LINDA BARNES AS SHE WAS UNABLE TO BE IN ATTENDANCE.
(35:01)
MOTION: I MOVE TO ADOPT THE GENERAL FUND RESERVE POLICY. (41:49)
M 2
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
1004-007 California Statewide Streets and Roads Need Assessment Report - In
2009, a coalition of local agencies funded and completed the first
comprehensive and systematic statewide assessment to quantify the
needs of local streets and roads. This report will be used to
help inform State and Federal legislators and decision makers of
conditions of local streets and roads - action requested - ACCEPT
FOR INFORMATION; AND ADOPT RELATED RESOLUTION NO. 10-019 AND
AUTHORIZE THE CHAIR TO SIGN. (Department of Public Works)
PRESENTATION BY MIKE CRUMP,
(47:42)(57:33)
PAGE 11
DIRECTOR OF PUBLIC WORKS.
JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MOTION:
VOTE:
I MOVE TO ACCEPT FOR INFORMATION;
AUTHORIZE THE CHAIR TO SIGN.
M 2
MINUTES -JANUARY 26 , 2010
AND ADOPT RELATED RESOLUTION AND
1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
RECESS: 10:10 A.M.
RECONVENE: 10:25 A.M.
1004-008 Claim for a Tax Refund - Douglas Teeter has filed a claim for a
property tax refund because he is dissatisfied with the base year
value the Assessment Appeals Board assigned to his property
located at 2733 Ceanothus Avenue, Chico, CA (APN 016-310-062).
The Assessment Appeals Board properly conducted Mr. Teeter's
appeal hearing on April 29, 2009. The County has already refunded
all excess taxes paid on this property to Mr. Teeter. There is no
legal basis for granting any additional tax refunds - action
requested - DENY MR. TESTER'S CLAIM FOR A TAX REFUND. (County
Counsel)
FELIX WANNENMACHER, DEPUTY COUNTY COUNSEL PROVIDED A REPORT TO THE
BOARD. (1:36:08)(1:40:04)
THE PROPERTY OWNER, DOUGLAS TEETER, ADDRESSED THE BOARD.
MOTION: I MOVE TO DENY MR. TESTER'S CLAIM FOR A TAX REFUND.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
PUBLIC HEARINGS AND TIMED ITEMS (None)
1004-009 Items Removed from the Consent Agenda for Board Consideration and
Action.
1. Accept Donation - approval is requested to accept donations
of $2,015 made to the Department of Behavioral Health in
memory of Stephen Abell. The donation will be used for the
department's Paradise Treatment Center Facility - action
requested - ACCEPT DONATIONS AND APPROVE BUDGET TRANSFER (4/5
VOTE REQUIRED) ACCEPTING AND APPROPRIATING UNANTICIPATED
FUNDS AS OUTLINED IN THE AGENDA REPORT. (Behavioral Health)
SUPERVISOR YAMAGUCHI REQUESTED THIS ITEM BE REMOVED FROM THE
CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA.
PAGE 12 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 26 , 2010
SUPERVISOR YAMAGUCHI STATED THAT HE REMOVED THIS ITEM AS HE WANTED
TO RECOGNIZED THE DONATION TO THE COUNTY AND THANK THE FAMILY FOR
THE DONATION.
MOTION: I MOVE TO ACCEPT THE DONATION AND APPROVE BUDGET TRANSFER (4/5
VOTE REQUIRED) ACCEPTING AND APPROPRIATING UNANTICIPATED FUNDS AS
OUTLINED IN THE AGENDA REPORT.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Puszzc COMMENT (None)
RECESS
Recessed at 11:05 a.m. as the Butte County Board of
Supervisors and Convene as the In-Home Supportive
Services Public Authority Board.
PAGE 13 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 26 , 2010
BUTTE COUNTY
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
JANUARY 2 6 , 2 010
Called to Order at 11:05 p.m. in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Members
present: Dolan, Kirk, Lambert, Yamaguchi and Chair Connelly.
Also present: Assistant Clerk, Kathleen Moghannam.
CONSENT AGENDA
1002-001 Department of Employment Services (DESS) - With the adoption of
the California State Budget Act of 2009, the State established
additional enrollment requirements for all new and existing IHSS
providers. These requirements state that all providers must: 1)
submit to a criminal background check by the Department of
Justice; 2) participate in an enrollment orientation regarding
rules, regulations, and requirements for being an IHSS provider;
and 3) provide fingerprints. All existing IHSS providers must
comply with the State's new regulations by June 30, 2010.
Approval is requested for an agreement with DESS to implement
these requirements. The term of the agreement is January 1, 2010
through June 30, 2010 with a maximum amount payable of $75,000 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE RELATED BUDGET TRANSFER (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE
AGENDA REPORT.
MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER;
AND APPROVE RELATED BUDGET TRANSFER (4/5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
2 M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY)
Puszzc COMMENT (None)
PAGE 14 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 26 , 2010
CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATOR: CATHI GRAMS/LAURA BRUNSON/JACK HUGHES
EMPLOYEE ORGANIZATION: CUHW
THIS CLOSED SESSION ITEM WAS REMOVED FROM THE AGENDA. IT WAS NOT
DISCUSSED IN CLOSED SESSION DURING THIS MEETING.
ADJOURNMENT
Adjourned at 11:06 a.m. as the Butte County In-Home
Supportive Services Public Authority Board and
reconvened as the Butte County Board of Supervisors.
PAGE 15 JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
1004-010 CLOSED SESSION
MINUTES -JANUARY 26 , 2010
THE BOARD RECESSED AT 11:06 A.M. TO CLOSED SESSION REGARDING:
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER;
DIRECTOR OF BEHAVIORAL HEALTH; AND DIRECTOR OF HUMAN RESOURCES.
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON
EMPLOYEE ORGANIZATION: BCEA, BCMEA, CWA, DSA -
MANAGEMENT/SUPERVISORY UNIT, DSA -
GENERAL UNIT, BCCOA - SUPERVISORY
UNIT, BCCOA - GENERAL UNIT, PPOA,
AND PEA.
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) -
THREE CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET
AL.; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532; AND
3. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC);
US COURT OF APPEALS FOR DC CIRCUIT; CASE NO. 09-5179.
PAGE 16
JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 26 , 2010
THE BOARD RECONVENED AT 1:35 P.M. FROM CLOSED SESSION REGARDING:
PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT, PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER;
DIRECTOR OF BEHAVIORAL HEALTH; AND DIRECTOR OF HUMAN RESOURCES.
CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54957.6:
LABOR NEGOTIATORS: BILL AVERY/LAURA BRUNSON
EMPLOYEE ORGANIZATION: BCEA, BCMEA, CWA, DSA -
MANAGEMENT/SUPERVISORY UNIT, DSA -
GENERAL UNIT, BCCOA - SUPERVISORY
UNIT, BCCOA - GENERAL UNIT, PPOA,
AND PEA.
PUBLIC EMPLOYEE EMPLOYMENT, PERFORMANCE EVALUATIONS, INCLUDING:
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. BEHAVIORAL HEALTH DIRECTOR
3. CHIEF ADMINISTRATIVE OFFICER
4. CHIEF PROBATION OFFICER
5. CHILD SUPPORT SERVICES DIRECTOR
6. COUNTY COUNSEL
7. DEVELOPMENT SERVICES DIRECTOR
8. EMPLOYMENT AND SOCIAL SERVICES DIRECTOR
9. HUMAN RESOURCES DIRECTOR
10. INFORMATION SERVICES DIRECTOR
11. LIBRARY DIRECTOR
12. PUBLIC HEALTH DIRECTOR
13. PUBLIC WORKS DIRECTOR
14. WATER AND RESOURCE CONSERVATION DIRECTOR
ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) -
THREE CASES
1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
2. DRY CREEK COALITION V. NORTH CONTINENT LAND AND TIMBER, ET
AL.; BUTTE COUNTY SUPERIOR COURT CASE NO. 144532; AND
3. BUTTE COUNTY V. NATIONAL INDIAN GAMING COMMISSION (NIGC);
US COURT OF APPEALS FOR DC CIRCUIT; CASE NO. 09-5179. (No
Announcements)
PAGE 17
JANUARY 26, 2010
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 26 , 2010
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS
BEFORE THE BOARD, THE MEETING WAS
ADJOURNED AT 1:35 P.M., TO RECONVENE
AT A REGULAR MEETING OF THE BOARD TO
BE HELD TUESDAY, FEBRUARY 9, 2010 AT
9:00 A.M.
BILL CONNELLY, CHAIR
BUTTE COUNTY BOARD OF SUPERVISORS
ATTEST:
Scott Tandy, Interim Chief Administrative
Officer and Clerk of the Board
By:
PAGE 18 JANUARY 26, 2010