HomeMy WebLinkAboutM012803BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 28, 2003
Called to Order at 9:05 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Yamaguchi, Josiassen and Chair
Beeler. Supervisors not present: Houx. Also present: Paul
McIntosh, Chief Administrative Officer; Bruce Alpert, County
Counsel, and Marion Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Reverend Norm Gardner, The Rock Fellowship, Magalia.
Corrections and/or Changes to the Agenda. (74)
0 3 - 0 1 8 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. Accept Unanticipated Revenue - approval is requested to
accept and appropriate an additional $63,737 in Glassy-
Winged Sharpshooter activity funds. The department included
$50,000 in its fiscal year 2002-2003 budget and has received
notice that the final award will be $113,737. The additional
funds will be utilized to support trapping, monitoring,
inspecting and treatment activities - action requested -
APPROVE BUDGET TRANSFER B-238 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. ITEM IS TO BE AMENDED AND RETURNED TO THE AGENDA OF
FEBRUARY 11, 2003.
CONSENT AGENDA
03-019 1. Agricultural State of Disaster - approval is requested to
ratify a letter signed by Chair Beeler on
January z`'~, 23, 2003, requesting the United States Secretary
of Agriculture declare that an agricultural state of disaster
exists in Butte County as a result of damage to crop trees
caused by windstorms coupled with rain-soaked grounds -
action requested - RATIFY LETTER SIGNED BY THE CHAIR
REQUESTING AN AGRICULTURAL STATE OF DISASTER BE DECLARED IN
BUTTE COUNTY.
2. Annual Audit Report for Fiscal Year 2001-2002 - submitted is
the annual Audit Report and Management Report for the Fiscal
Year Ended June 30, 2002. The report was prepared by the
audit firm of Bartig, Basler & Ray, Certified Public
Accountants - action requested - ACCEPT FOR INFORMATION.
MINUTES
PAGE 1 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 28, 2003
03-019 3. Accept Unanticipated Revenue - Youth Development and Crime
Prevention Grant - approval is requested to accept and
appropriate $32,633 in unexpended fiscal year 2001-2002 Youth
Development and Crime Prevention Grant funds. The department
has received notice that it has until September 30, 2003, to
utilize the funds - action requested - APPROVE BUDGET
TRANSFER B-236 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT .
4. Accept Unanticipated Revenue - Medi-Cal Managed Care
Allocation - approval is requested to accept and appropriate
$130,887 in additional Medi-Cal Managed Care Allocation funds
for fiscal year 2002-2003. The additional funds will be
utilized to support day treatment programs and client
transportation services. The department is also planning to
utilize $19,195 for the purchase of a filing system to store
confidential client files and Board approval is also
requested for the fixed asset purchase - action requested -
APPROVE BUDGET TRANSFER B-239 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF FILING
SYSTEM IN THE AMOUNT OF $19,195.
5. North Valley Parent Education Network - Amendment - approval
is requested for an amendment to the agreement with North
Valley Parent Education Network for the provision of
outpatient drug-free individual counseling and education
groups. The amendment reduces the maximum amount payable by
$3,613.50 and revises the program budget to reflect the
decrease. 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. X13676)
6. Tri-County Treatment - Amendment - approval is requested for
an amendment to the agreement with Tri-County Treatment for
the provision of short-term residential recovery services.
The amendment increases the maximum amount payable by
$72,892.85 (department budget) and revises the service
summary to reflect the increase. 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. X13766)
MINUTES
PAGE 2 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 28, 2003
03-019 7. Oroville Hospital - Amendment - approval is requested for an
amendment to the agreement with Oroville Hospital for the
provision of initial medical evaluation services for
individuals prior to admission to the County's Psychiatric
Health Facility. The amendment revises the contract language
under the Description of Services and Requirements section,
and the Authorizations and Consultation/Evaluation Requests
section. 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. X13910)
8. Right Road Recovery Programs, Inc. - Amendment - approval is
requested for an amendment to the agreement with Right Road
Recovery Programs, Inc., for the provision of outpatient
drug-free individual counseling and short-term residential
treatment services. The amendment decreases the maximum
amount payable by $8,340, and revises the service summary to
reflect the decrease. 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. X13719)
9. Cherokee Restoration Fellowship - Amendment - approval is
requested for an amendment to the agreement with Cherokee
Restoration Fellowship for the provision of residential
treatment services for drug and alcohol abuse. The amendment
increases the maximum amount payable by $23,759.69
(department budget) and revises the service summary to
reflect the increase. 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. X13745)
10. Youth For Change - Amendment - approval is requested for an
amendment to the agreement with Youth For Change for the
provision of specialty mental health services, a day
rehabilitation program and medication support to adolescent
clients receiving Medi-Cal benefits. The amendment decreases
the maximum amount payable by $6,000 and revises the
financial summary to reflect the decrease. All other terms
and provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13782)
MINUTES
PacE 3 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 28, 2003
03-019 11. Interim Director - Department of Public Health - Gary House,
Director of Public Health, has announced his retirement
effective March 28, 2003. Mr. House intends to leave County
employment sometime later this month and utilize accrued
vacation until his retirement date. The Chief Administrative
Officer is recommending the Board appoint Jim Botill,
Assistant Director of Public Health, as Interim Director, at
the benchmark salary for the position, until a permanent
replacement has been made - action requested - APPOINT JIM
BOTILL AS THE INTERIM DIRECTOR OF THE PUBLIC HEALTH
DEPARTMENT, AT THE BENCHMARK SALARY FOR THE POSITION,
EFFECTIVE UPON THE DEPARTURE OF GARY HOUSE ON VACATION AND
TERMINATING UPON THE EMPLOYMENT OF A FULL-TIME DIRECTOR.
12. 2003 Legislative/Regulatory Platform - consideration of the
adoption of the 2003 Legislative/Regulatory Platform as
amended by Board direction at the meeting of
December 10, 2002 - action requested - ADOPT 2003
LEGISLATIVE/REGULATORY PLATFORM AS PRESENTED.
13. Durham Mosquito Abatement District - action
requested - APPOINT THOMAS F. VANELLA, TRUSTEE, TO A VACATED
TERM TO END DECEMBER 31, 2006.
14. Animal Control Advisory Board - action requested - APPOINT
CATHY AUGROS, BUTTE HUMANE SOCIETY REPRESENTATIVE.
15. Butte County Fair Board - action requested - REAPPOINT
CLARENCE WILLIAMS AND GARY ANDES, DISTRICT 4 REPRESENTATIVES,
TO TERMS TO END JANUARY 8, 2007.
16. Northern Valley Catholic Social Service - Amendment -
approval is requested for an amendment to the agreement with
Northern Valley Catholic Social Service for Cal-Learn Program
case management services. The amendment increases the
monthly rate for case management by $56 per case. The
maximum amount payable for the agreement is not increased and
all other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X11259)
17. Northern Valley Catholic Social Service - Amendment -
approval is requested for an amendment to the agreement with
Northern Valley Catholic Social Service for the provision of
counseling and assessment services to Children's Services
clients. The amendment increases the maximum amount payable
by $75,000. To fund the agreement the department is
requesting the Board approve the appropriation of $75,000 in
unanticipated Federal Temporary Assistance for Needy Families
(TANF) Welfare Performance Incentive funds, and to encumber
that amount in the CalWORKs budget unit for payment of the
agreement - action requested - APPROVE BUDGET TRANSFER B-230
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
FEDERAL TANF REVENUE AS DETAILED IN THE AGENDA REPORT; AND
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13635)
MINUTES
PacE 4 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 28, 2003
03-019 18. Private Industry Council - Amendment - approval is requested
for an amendment to the agreement with the Private Industry
Council for the provision of employment services and
activities for CalWORKs participants. The amendment
increases the maximum amount payable by $500,000. To fund
the agreement the department is requesting the Board approve
the appropriation of $500,000 in unanticipated Federal
Temporary Assistance for Needy Families (TANF) Welfare
Performance Incentive funds, and to encumber that amount in
the CalWORKs budget unit for payment of the agreement -
action requested - APPROVE BUDGET TRANSFER B-231 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED FEDERAL
TANF REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13305)
19. Butte County Department of Behavioral Health - Memorandum of
Understanding - Amendment - approval is requested for an
amendment to the Memorandum of Understanding with the
Behavioral Health Department for the provision of substance
abuse and mental health treatment services for CalWORKs
participants. The amendment extends the term of the
agreement through June 30, 2003, sets the maximum amount
payable for fiscal year 2002-2003 at $1,236,408 (department
budget) and includes language regarding domestic violence
services for CalWORKs participants. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10903)
20. Volunteer Fire Assistance Grant - approval is requested for
a grant agreement with the State Department of Forestry and
Fire Protection for $6,000 from the Cooperative Forestry
Assistance Act, Volunteer Fire Assistance Program. The grant
funds will be utilized to purchase pagers for volunteer
firefighters. The grant program is for a total of $12,000
and requires a County match of $6,000 (department budget) -
action requested - ADOPT RESOLUTION 02-014 APPROVING GRANT
AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN (AGREEMENT
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER). (Contract No. X40424)
21. Courthouse Expansion Project Budget Transfer - approval is
requested to accept and appropriate $37,419 from the Superior
Court of California, County of Butte to the Courthouse
Expansion budget unit to provide an appropriation to pay for
architectural and civil engineering services for the
courthouse expansion project - action requested - APPROVE
BUDGET TRANSFER B-241 (4/5 vote requested) ACCEPTING AND
APPROPRIATING UNANTICIPATED COURT REVENUE AS DETAILED IN THE
AGENDA REPORT.
MINUTES
PAGE 5 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 28, 2003
03-019 22. State of California, Board of Corrections - Amendment -
approval is requested for an amendment to the revenue
agreement with the State of California, Board of Corrections
for funds for the construction of the new juvenile hall. The
amendment extends the term of the agreement to May 31, 2003,
which is the revised construction completion date. All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. R40313)
23. Resolution to Amend the Salary Ordinance - a resolution has
been prepared to amend the salary ordinance as follows:
AUDITOR-CONTROLLER - adds one sunset position of Senior
Account Clerk (ending June 30, 2003). PROBATION-JUVENILE
HALL - adds one sunset position of Supervisor-Juvenile Hall
(ending June 30, 2003). PROBATION - adds two flexibly
staffed positions of Probation Officer III/II/I and one
flexibly staffed position of Legal Secretary I/Legal Typist
Clerk. Deletes one flexibly staffed position of Information
System Analyst II/I/Information Systems Technician III and
adds one flexibly staffed position of Information Systems
Analyst III/II/I. INFORMATION SYSTEMS - deletes one position
of Information Systems Technician II and adds one flexibly
staffed position of Information Systems Technician III/II/I.
ADMINISTRATIVE-CENTRAL COMMUNICATIONS - deletes one flexibly
staffed position of Office Assistant III/II/I and adds one
flexibly staffed position of Administrative Services
Assistant/Principal Clerk/Office Assistant III/II/I - action
requested - ADOPT RESOLUTION 03-015 AND AUTHORIZE THE CHAIR
TO SIGN.
24. Memoranda of Understanding - Employee Bargaining Units -
approval is requested for successor Memoranda of
Understanding with the Butte County Management Employees
Association, Butte County Correctional Officers Association,
Communication Workers of America-Social Services Unit, Butte
County Probation Peace Officers Association, and Butte County
Professional Employees Association,
__._.__________ that contain the following major provisions: 1)
an increase in County contribution to the employee health
premiums effective January 1, 2003; 2) a 2.5o cost of living
allowance increase effective September 28, 2002; 3) a
reopening clause upon implementation of the countywide
classification/compensation study; and 4) a term for the new
agreements through September 30, 2003 - action requested -
APPROVE AGREEMENTS __._ ___________ _ _ ____________ AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
MINUTES
PacE 6 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 28, 2003
03-019 25. Resolution to Amend the Salary Ordinance - a resolution has
been prepared to amend the salary ordinance to include
changes resulting from the approval of the memoranda of
understanding with employee bargaining units as follows:
SALARY PLAN FOR CLASSIFIED POSITIONS - the tables are revised
to reflect a 2.5o cost of living allowance increase effective
September 28, 2002. SALARY PLAN FOR ELECTED AND APPOINTED
OFFICIALS, REFERENCE E, APPOINTED OFFICIALS WITH BI-WEEKLY
RANGE ASSIGNMENTS - adjusts the following salary ranges,
effective September 28, 2002: Supervisor's Administrative
Assistant I ($992-$1,206); Supervisor's Administrative
Assistant II ($1,092-$1,327); and Supervisor's Clerical Aide
($666-$810) - action requested - ADOPT RESOLUTION 03-016 AND
AUTHORIZE THE CHAIR TO SIGN.
26. Personnel Rules - Amendments - approval is requested for a
resolution which will amend the Personnel Rules as approved
through contract negotiations with employee bargaining
units - action requested - ADOPT RESOLUTION 03-017 AND
AUTHORIZE THE CHAIR TO SIGN.
27. Appointed and Elected Department Head Benefits - approval is
requested for a resolution which will increase the accrual
rate for Administrative Leave from 5 days to 7 days per year
for appointed and elected department heads as a result of the
benefit being increased for members of the Butte County
Management Employees Association - action requested - ADOPT
RESOLUTION 03-018 AND AUTHORIZE THE CHAIR TO SIGN.
28. Library Literacy Program Gift of Funds - pursuant to
Government Code Section 25355, a gift of $1,000 has been
received from the Wal-Mart Foundation for the Library
Literacy Program. The funds will be utilized to purchase a
video camera to enhance the tutor training program - action
requested - ACCEPT GIFT AND AUTHORIZE A LETTER OF
APPRECIATION; AND APPROVE BUDGET TRANSFER B-240 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
29. Donations for Books - pursuant to Government Code Section
25355, donations of $1,000 from the Paradise Friends of the
Library, $300 from Barry Layton, and $100 from David and
Corliss Payne have been received for the Butte County Trust
Fund for the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
MINUTES
PAGE 7 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - .TANIIARY 28, 2003
03-019 30. California Family Health Council, Inc. - approval is
requested for a grant agreement with California Family Health
Council, Inc., for funds to continue a Peer Provider Program
at the clinic located on Table Mountain Boulevard, Oroville.
The term of the grant is January 1, 2003, through
December 31, 2003, with a maximum amount payable to the
County of $100,000. Board approval is requested to accept
and appropriate $14,000 into the current fiscal year budget,
with the remaining funds to be appropriated in fiscal year
2003-2004 - action requested - APPROVE GRANT AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-237 (4/5 vote required) ACCEPTING AND
APPROPRIATING $14,000 INTO THE CURRENT FISCAL YEAR BUDGET.
31. California Department of Health Services - Amendment -
approval is requested for an amendment to the revenue
agreement with the California Department of Health Services
for funds to assess public drinking water supply sources.
The amendment provides for budgetary shifts between fiscal
years and budgetary line item shifts, but does not alter the
term or the maximum amount payable. 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. R40162)
32. American Lung Association and Butte County Office of
Education - Amendments - approval is requested for amendments
to the agreements with the American Lung Association and the
Butte County Office of Education for the provision of tobacco
education and smoking cessation activities. The proposed
amendments will allow the contractors to make minor budget
adjustments without going through the contract amendment
process. All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENTS AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract Nos. X13648 and X13649)
33. Private Industry Council - approval is requested for an
agreement with the Private Industry Council for the provision
of teen staff to work in the Teen Clinic located in the
Public Health Clinic on Table Mountain Boulevard, Oroville.
The term of the agreement is January 1, 2003, through
December 31, 2003, with a maximum amount payable of $28,000.
Funding for the agreement is provided by grant funds from the
California Health Council, Inc. - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES
PAGE 8 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 28, 2003
03-019 34. California Department of Health Services - Amendment -
approval is requested for an amendment to the revenue
agreement with the California Department of Health Services
for funds to support the TeenSMART Outreach Program. The
amendment extends the term of the agreement through
June 30, 2003, revises the scope of work to includ the
extended year, and increases the maximum amount payable by
$77,500 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. R40104)
35. Setting of a Public Hearing - County Service Area (CSA)
No. 135, Zone 2 (Keefer Creek Estates, Zone 2) -
consideration of a resolution directing commencement of
procedures to impose increased annual services charges in
County Service Area No. 135, Zone 2, and setting a public
hearing for a protest hearing for March 25, 2003, at
10:30 a.m. The increase is needed in response to an increase
in fees for wastewater discharge permits issued by the State
Water Resources Control Board - action requested - ADOPT
RESOLUTION 03-019 AND AUTHORIZE THE CHAIR TO SIGN.
36. Setting of a Public Hearing - Consideration of a Petition to
Abandon a Portion of Crown Point Road - the County has
received a request to abandon the northerly portion of Crown
Point Road, northeast of State Highway 32 in the Forest Ranch
area. Approval of the request was recommended by the
Planning Commission on January 9, 2003, and Board approval
is requested for a resolution setting a public hearing for
consideration of the matter for February 25, 2003, at
10:30 a.m. - action requested - ADOPT RESOLUTION 03-020 AND
AUTHORIZE THE CHAIR TO SIGN.
37. Bicycle/Pedestrian Easement - Quitclaim to the City of
Chico - the City of Chico has requested the County approve
the conveyance of a bicycle/pedestrian easement between
Shasta Avenue and the properties to the north to the City of
Chico. The easement has never been used by the County and
the area was annexed by the City of Chico in 1995. The City
has tentatively approved a subdivision at the northerly end
of the easement with a condition that a bicycle path be
installed between the subdivision and Shasta Avenue.
Conveyance of the easement is in support of this project -
action requested - APPROVE CONVEYANCE OF EASEMENT TO THE CITY
OF CHICO AND AUTHORIZE THE CHAIR TO SIGN QUITCLAIM DEED.
38. Resolution Correcting Standards RS-2, RS-8-LDII, NCSP-3,
NCSP-4, S-1 and 5-38 Pursuant to Chapter 20 of the Butte
County Code - on June 11, 2002, the Board adopted Resolution
02-104 approving the codified version of the Butte County
Improvement Standards. Following adoption of the resolution
errors were discovered that require correction - action
requested - ADOPT RESOLUTION 03-021 AND AUTHORIZE THE CHAIR
TO SIGN.
MINUTES
PacE 9 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 28, 2003
03-019 39. Butte County Office of Education - Bond Issuance for Oroville
City Elementary School District - approval is requested by
the Butte County Office of Education to issue general
obligation bonds for the Oroville City Elementary School
District. Pursuant to ~ _____ ________ _____
Education Code Section 15140, the notes must be issued in the
name of the Office of Education by the Board of Supervisors.
The Butte County Office of Education is requesting the County
authorize the issuance of General Obligation Bonds not to
exceed $6,000,000. The bonds will be a general obligation
of the Butte County Office of Education and the County has
no fiduciary responsibility as to the repayment of these
bonds - action requested - ADOPT RESOLUTION 03-022
AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS FOR THE
OROVILLE CITY ELEMENTARY SCHOOL DISTRICT, ELECTION 2002,
SERIES 2003 AND AUTHORIZE THE CHAIR TO SIGN.
40. Monthly Investment Report - submitted is the Monthly
Investment Report for December 31, 2002, pursuant to the
Butte County Statement of Investment Policy dated
July 1, 2002 - action requested - ACCEPT FOR INFORMATION.
(110)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.02 AMENDED TO
CORRECT THE DATE THE LETTER WAS SENT FROM JANUARY 21, 2003, TO
JANUARY 23, 2003; ITEM 3.25 AMENDED TO REMOVE THE AMENDMENT TO THE
AGREEMENT WITH THE BUTTE COUNTY EMPLOYEES ASSOCIATION, ITEM 3.39
AMENDED TO CORRECT THE CITED GOVERNMENT CODE SECTION FROM
GOVERNMENT CODE SECTION 53853 TO EDUCATION CODE SECTION 15140; AND
THE REMOVAL OF ITEM 3.01.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
REGULAR AGENDA
03-020
MOTION:
VOTE
MINUTES
PAGE 10
JANUARY 28, 2003
Appointments to Boards, Commissions and Committees. (120)
1. Appointments to Listed Vacancies. (NONE)
2. Butte County Water Commission - action requested - APPOINT
RAY AUERBACH, DISTRICT 5 REPRESENTATIVE, TO A VACATED TERM
TO END JANUARY 10, 2005.
I MOVE TO APPOINT RAY AUERBACH, DISTRICT 5 REPRESENTATIVE, TO A
VACATED TERM TO END JANUARY 10, 2005.
S M
1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 28, 2003
03-021 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (200) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THERE HAS NOT BEEN
MUCH CHANGE IN THE STATE BUDGET STATUS SINCE THE LAST UPDATE.
ACTION IS OCCURRING AT THE COMMITTEE LEVEL, AND THE CALIFORNIA
STATE ASSOCIATION OF COUNTIES IS CREATING WORKING GROUPS TO
EXAMINE THE EFFECTS OF THE GOVERNOR'S BUDGET ON COUNTIES, AND TO
DISCUSS REALIGNMENT.
03-022 Bioterrorism Preparedness and Response - Smallpox Vaccinations -
Report to the Board - update on current program goals and
activities related to bioterrorism preparation, including smallpox
vaccine administration - action requested - ACCEPT FOR
INFORMATION. (261)
PRESENTATION TO THE BOARD BY GARY HOUSE, DIRECTOR OF PUBLIC
HEALTH, AND DR. MARK LUNDBERG, COUNTY HEALTH OFFICER.
CHAIR BEELER, ON BEHALF OF THE BOARD, THANKED GARY HOUSE FOR HIS
SERVICE TO THE COUNTY OF BUTTE AND HIS PROFESSIONALISM AND
DIRECTION.
SUPERVISOR JOSIASSEN THANKED GARY HOUSE FOR HIS SERVICE AND WISHED
HIM WELL ON HIS RETIREMENT
03-023 Help America Vote Act of 2002 - presentation to the Board on the
impact of recently enacted federal legislation on Butte County -
action requested - MODIFY 2003 LEGISLATIVE PLATFORM TO INCLUDE
LOBBYING FOR FUNDING FOR FEDERAL MANDATES. (1068)
MOTION: I MOVE TO MODIFY THE 2003 LEGISLATIVE PLATFORM TO INCLUDE LOBBYING
FOR FUNDING FOR FEDERAL MANDATES.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
03-024 An Ordinance Amending Chapter 31 of the Butte County Code,
Entitled "Solid Waste Collection, Management, and Recycling", and
Amending Sections 26-12 and 26-12.1 of Chapter 26 of the Butte
County Code, Entitled "Buildings" - consideration of an ordinance
which will amend the Code to reflect the County's need to better
control the manner in which waste services are provided to County
residents and to direct the flow of waste to County designated
facilities - action requested - WAIVE READING OF THE ORDINANCE.
(FROM 1-14-03 [4.06]) (1793)
MOTION: I MOVE TO WAIVE THE READING OF THE AMENDED ORDINANCE AS PRESENTED
TODAY.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
BOARD DIRECTION THAT STAFF HAVE THE SOLID WASTE COMMITTEE LOOK
INTO THE ISSUE OF RATES IN THE CHICO URBAN AREA.
MINUTES
PAGE ll JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 28, 2003
RECESS: 10:23 A.M.
RECONVENE: 10:31 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
03-025 Continued Public Hearing - Larry Bradley - Tentative Parcel Map -
consideration of an appeal of the Development Review Committee's
denial of a Tentative Parcel Map to divide a 34.6 acre parcel into
three parcels of 10.3, 10.6 and 13.6 +/- acres on property zoned
A-10 (Agricultural - 10 acre parcels). This is a project on which
notice of intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given. The
property is located on the northwest corner of Durham-Dayton
Highway and Esquon Road, Durham, and identified as APN 040-150-112
(CS [T PM 02-23]) - action requested - STAFF RECOMMENDS THE BOARD
TAKE ONE OF THE FOLLOWING TWO ACTIONS:
1. SHOULD THE BOARD, AFTER CONSIDERING ALL EVIDENCE AND
TESTIMONY, DECIDE TO DENY THE APPEAL AND THE PROJECT, THE
FOLLOWING ACTION SHOULD BE TAKEN:
A. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT
DATED OCTOBER 8, 2002, DENY THE REQUEST FOR A TENTATIVE
PARCEL MAP FOR LARRY BRADLEY, APPLICATION TPM 02-23; OR
2. SHOULD THE BOARD FIND THAT THE PROJECT IS CONSISTENT WITH THE
BUTTE COUNTY GENERAL PLAN, THE FOLLOWING ACTIONS SHOULD BE
TAKEN:
A. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED OCTOBER 8, 2002, ADOPT A MITIGATED
NEGATIVE DECLARATION;
B. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO
FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE
MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT
TO FISH AND GAME CODE SECTION 711.4(d) AND 14 CCR
753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY
SPECIES IDENTIFIED AS CANDIDATE, SENSITIVE, OR SPECIAL
STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR
REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH
AND GAME OR THE UNITED STATES WILDLIFE SERVICE. THE
PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON
ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT
ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION
404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY
WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY
FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL
POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES
OR CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT
CONSERVATION PLAN; AND
MINUTES
PAGE 12 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 28, 2003
03-025 2. C. SUBJECT TO FINDINGS III(A-F) AS DETAILED IN THE
STAFF REPORT DATED OCTOBER 8, 2002, AND THE CONDITIONS
OF APPROVAL IDENTIFIED AS EXHIBIT "A" IN THE STAFF
REPORT DATED OCTOBER 8, 2002, APPROVE TENTATIVE
SUBDIVISION MAP 02-23 FOR LARRY BRADLEY. (FROM 1-14-03
[5.01]) (2785)
PUBLIC HEARING RECONVENED AT 10:33 A.M. AND CONTINUED OPEN TO
FEBRUARY 11, 2003, AT 10:00 A.M.
REGULAR AGENDA
03-026 Facilities Master Plan Steering Committee - consideration of the
formation of a Facilities Master Plan Steering Committee to
provide guidance in decisions regarding the provision of
facilities for County operations - action requested:
1. ADOPT RESOLUTION CREATING STEERING COMMITTEE AND AUTHORIZE
THE CHAIR TO SIGN;
2. APPOINT TWO BOARD MEMBERS TO SERVE ON THE COMMITTEE; AND
3. APPOINT TEN CITIZENS, TWO NOMINATED BY EACH BOARD MEMBER, TO
SERVE ON THE COMMITTEE. (2846)
MOTION: I MOVE TO ADOPT RESOLUTION 03-023 CREATING THE STEERING COMMITTEE
AND AUTHORIZE THE CHAIR TO SIGN;
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
MOTION: I NOMINATE SUPERVISORS DOLAN AND YAMAGUCHI TO THE STEERING
COMMITTEE.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
MOTION: (ON BEHALF OF SUPERVISOR HOUR) I MOVE TO APPOINT FRAN SHELTON,
DISTRICT 3 REPRESENTATIVE, TO THE STEERING COMMITTEE.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
03-027 Community Health Care Ordinance - Proposed Amendments and
Direction - consideration of amendments to the County's Community
Health Care Ordinance requested by the Butte County Children and
Families Commission, directing inclusion of the ordinance into the
Butte County Code, and clarifying the manner by which appointments
for outside agencies are made, and Board direction on
implementation of the Advisory Commission's duties - action
requested - DIRECT PREPARATION OF AN AMENDED ORDINANCE AND PROVIDE
STAFF DIRECTION ON STEPS TO BE TAKEN TO IMPLEMENT COMMITTEE
ACTIVITIES. (3285)
MINUTES
PacE 13 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 28, 2003
03-027 BOARD DIRECTION TO STAFF TO PREPARE AN AMENDED ORDINANCE WHICH
INCLUDES THE REQUESTED CHANGES BY THE BUTTE COUNTY CHILDREN AND
FAMILIES COMMISSION; LANGUAGE TO PROVIDE FOR CODIFICATION OF THE
ORDINANCE, AND AN AMENDMENT TO THE SECTION REGARDING APPOINTMENT
OF OUTSIDE AGENCY MEMBERS TO PROVIDE FOR THE BOARD TO MAKE THOSE
APPOINTMENTS.
03-028 Berry Creek Rancheria Proposed Expansion to the Gold Country
Casino - discussion and recommendations on mitigation of
identified off-reservation impacts of the proposed expansion of
the Gold Country Casino - action requested:
1. APPOINT A BOARD SUBCOMMITTEE TO ENGAGE IN NEGOTIATIONS WITH
THE LEADERSHIP OF THE TYME MAIDU TRIBE OF THE BERRY CREEK
RANCHERIA IN ORDER TO SEEK MITIGATION OF THE OFF-RESERVATION
IMPACTS OF THE PROPOSED PROJECT;
2. AUTHORIZE THE CHAIR TO SIGN A LETTER TO THE GOVERNOR AND
STATE ATTORNEY GENERAL EXPRESSING GRAVE CONCERNS OVER THE
FAILURE OF THE TRIBE TO RECOGNIZE AND MITIGATE OFF-
RESERVATION IMPACTS OF THE PROPOSED PROJECT AND SEEKING AN
INJUNCTION BY THE STATE OVER THE PROJECT;
3. SEEK THE PARTICIPATION OF THE COUNTY IN THE NEGOTIATIONS OF
COMPACTS WITH TRIBES LOCATED OR OPERATING INDIAN GAMING
FACILITIES WITHIN THE COUNTY; AND
4. SUPPORT THE CALIFORNIA STATE ASSOCIATION OF COUNTIES IN
PURSUIT OF A STATEWIDE RESOLUTION TO SIMILAR ISSUES BEING
EXPERIENCED BY COUNTIES THROUGHOUT CALIFORNIA. (3509)(**00)
MOTION: I MOVE TO APPOINT A BOARD SUBCOMMITTEE OF SUPERVISORS BEELER AND
JOSIASSEN TO ENGAGE IN NEGOTIATIONS WITH THE LEADERSHIP OF THE
TYME MAIDU TRIBE OF THE BERRY CREEK RANCHERIA IN ORDER TO SEEK
MITIGATION OF THE OFF-RESERVATION IMPACTS OF THE PROPOSED PROJECT.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO AUTHORIZE THE CHAIR TO SIGN A LETTER TO THE GOVERNOR AND
STATE ATTORNEY GENERAL EXPRESSING THE BOARD'S CONCERNS OVER THE
FAILURE OF THE TRIBE TO RECOGNIZE AND MITIGATE OFF-RESERVATION
IMPACTS OF THE PROPOSED PROJECT AND REQUESTING GENERAL ASSISTANCE
AND ATTENTION TO THE MATTER AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
MOTION: I MOVE TO SEEK THE PARTICIPATION OF THE COUNTY IN THE NEGOTIATIONS
OF COMPACTS WITH TRIBES LOCATED OR OPERATING INDIAN GAMING
FACILITIES WITHIN THE COUNTY; AND SUPPORT THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES IN PURSUIT OF A STATEWIDE RESOLUTION TO
SIMILAR ISSUES BEING EXPERIENCED BY COUNTIES THROUGHOUT
CALIFORNIA.
M S
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
MINUTES PAGE 14
JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -JANUARY 28, 2003
PUBLIC HEARING AND TIMED ITEMS
03-029 Timed Item - Consideration of a Mitigated Negative Declaration
Regarding Environmental Impacts for the Proposed Project for the
Construction of the Ord Ferry Road Bridge Across the Sacramento
River - County Project Number 42071-97-1 - the proposed project is
a seismic retrofit of State Bridge 12C-120 on Ord Ferry Road
across the Sacramento River approximately seven miles south of
Hamilton City and 10 miles west of the City of Chico. State
Bridge 12C-120 is a nine-span reinforced box girder having a total
length of 1308 feet and width of 32 feet 7 inches. The structure
is supported on round columns founded on driven pile-supported
footings. The structure has been deemed by the State to be
inadequate for the seismic region in which it is located. The
California Environmental Quality Act requires an environmental
analysis of all projects that are not categorically exempt from
analysis and which may have an effect on the environment - action
requested:
1. FIND THAT THE ORD FERRY ROAD BRIDGE ACROSS THE SACRAMENTO
RIVER, BUTTE COUNTY PROJECT 42071-97-1, COULD HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND
2. SUBJECT TO FINDINGS II(A AND B) AS DETAILED IN THE STAFF
REPORT DATED JANUARY 13, 2003, ADOPT THE NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATIONS 1-16 AS
DETAILED IN THE STAFF REPORT DATED JANUARY 13, 2003, AND
AUTHORIZE THE CHAIR TO SIGN THE NEGATIVE DECLARATION
REGARDING ENVIRONMENTAL IMPACTS (APPENDIX G) (**689)
MOTION: I MOVE TO FIND THAT THE ORD FERRY ROAD BRIDGE ACROSS THE
SACRAMENTO RIVER, BUTTE COUNTY PROJECT 42071-97-1, COULD HAVE A
SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND SUBJECT TO
FINDINGS II (A AND B) AS DETAILED IN THE STAFF REPORT DATED
JANUARY 13, 2003, MOVE TO ADOPT THE NEGATIVE DECLARATION REGARDING
ENVIRONMENTAL IMPACTS, WITH MITIGATIONS 1-16 AS DETAILED IN THE
STAFF REPORT DATED JANUARY 13, 2003, AND AUTHORIZE THE CHAIR TO
SIGN THE NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS
(APPENDIX G).
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
REGULAR AGENDA
03-030 Operation of Neal Road Landfill - consideration of the actions
necessary to assume operation of the Neal Road Landfill upon
termination of the contract with Waste Management - action
requested:
1. DIRECT THE DEPARTMENT OF PUBLIC WORKS TO UNDERTAKE THE
OPERATION OF THE NEAL ROAD LANDFILL UPON TERMINATION OF THE
CONTRACT WITH WASTE MANAGEMENT;
MINUTES
PAGE 15
JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -JANUARY 28, 2003
03-030 2. APPROVE PROPOSED BUDGET EXPANSION OF THE NEAL ROAD LANDFILL
FUND 757 (BUDGET TRANSFER B-242 [4 /5 vote required])
INCLUDING THE SPECIFIC APPROPRIATION OF FUNDS AND
UNANTICIPATED REVENUES; AND APPROVE PURCHASE OF FIXED ASSETS
AS SHOWN IN THE BUDGET EXPANSION REQUEST INCLUDED IN THE
AGENDA REPORT;
3. AUTHORIZE THE TREASURER TO SECURE FINANCING FOR THE LEASE OF
NEEDED EQUIPMENT FOR THE LANDFILL OPERATION AND TO EXECUTE
ALL ASSOCIATED DOCUMENTS; AND
4. ADOPT RESOLUTION ESTABLISHING A CHANGE FUND OF $1,000 FOR THE
NEAL ROAD LANDFILL AND AUTHORIZE THE CHAIR TO SIGN. (**972)
MOTION: I MOVE TO DIRECT THE DEPARTMENT OF PUBLIC WORKS TO UNDERTAKE THE
OPERATION OF THE NEAL ROAD LANDFILL UPON TERMINATION OF THE
CONTRACT WITH WASTE MANAGEMENT; APPROVE THE PROPOSED BUDGET
EXPANSION OF THE NEAL ROAD LANDFILL FUND 757 (BUDGET TRANSFER B-
242 [4/5 vote required]) INCLUDING THE SPECIFIC APPROPRIATION OF
FUNDS AND UNANTICIPATED REVENUES AND APPROVE PURCHASE OF FIXED
ASSETS AS SHOWN IN THE BUDGET EXPANSION REQUEST INCLUDED IN THE
AGENDA REPORT; AUTHORIZE THE TREASURER TO SECURE FINANCING FOR THE
LEASE OF NEEDED EQUIPMENT FOR THE LANDFILL OPERATION AND TO
EXECUTE ALL ASSOCIATED DOCUMENTS; AND ADOPT RESOLUTION 03-024
ESTABLISHING A CHANGE FUND OF $1,000 FOR THE NEAL ROAD LANDFILL
AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 NP 4 Y 5 Y (Motion Carried)
RECESS: 11:56 A.M.
RECONVENE: 12:04 P.M.
REGULAR AGENDA
03-031 Groundwater Management:
1. Discussion and direction regarding integrated groundwater
management plan ordinance - action requested - DISCUSSION AND
STAFF DIRECTION.
2. Discussion and direction regarding creation of an entity for
groundwater management - action requested - DISCUSSION AND
STAFF DIRECTION. (**1494)
BOARD DIRECTION TO REFER THE INTEGRATED GROUNDWATER MANAGEMENT
PLAN ORDINANCE MATTER TO THE WATER COMMISSION FOR CONSIDERATION,
AND FOR STAFF TO GET INPUT FROM OUTSIDE AGENCIES AND INTERESTED
PARTIES ON THE CREATION OF AN ENTITY FOR GROUNDWATER MANAGEMENT
AND TO RETURN MORE INFORMATION TO THE BOARD ON THIS MATTER.
03-032 Items Removed from the Consent Agenda for Board Consideration and
Action. (**3611) (**00) (NONE)
MINUTES PAGE 16 JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
PUBLIC COM[IENT
MINUTES -JANUARY 28, 2003
03-033 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.) (**3612) (***00)
1. Don Steele addressed the Board regarding the removal of the
California Conservation Corps members from the Butte Fire
Center and requested the Board's support for the community-
lead effort to save the Corps.
2. Barbara Hoff, United Domestic Workers, addressed the Board
to discuss the status of negotiations for In-Home Supportive
Services Public Authority independent providers.
3. Rosemary Landry addressed the Board regarding the slow pace
of labor negotiations with the County for the In-Home
Supportive Services providers and requested action.
4. Cha Lo addressed the Board regarding the status of bargaining
for the In-Home Supportive Services workers.
5. Molly Hillis, United Domestic Workers, addressed the Board
regarding labor bargaining issues for In-Home Supportive
Services workers and requested the Board authorize the
committee to negotiate issues.
THE CHIEF ADMINISTRATIVE OFFICER AND THE DIRECTOR OF HUMAN
RESOURCES ADDRESSED THE BOARD TO PROVIDE AN UPDATE ON THE
STATUS OF IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY WORKER
NEGOTIATIONS.
6. The Assistant Clerk of the Board, at the request of Elaine
Lucero, Tobacco Cessation Coordinator, American Lung
Association, submitted a letter to the Board expressing
appreciation for the Board's support in funding for the
"Freedom From Smoking" smoking cessation program.
CLOSED SESSION
03-034 RECESS: THE BOARD RECESSED AT 1:24 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) BARDEN V. CITY OF SACRAMENTO
292 F.3d 1073 (9TH Cir. 2002); CONFERENCE WITH
LEGAL COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c):
ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE
PERFORMANCE EVALUATIONS PURSUANT TO GOVERNMENT
CODE SECTION 54957: CHIEF PROBATION OFFICER AND
DIRECTOR-DEVELOPMENT SERVICES.
MINUTES
PAGE 17
JANUARY 28, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
03-034 RECONVENE: THE BOARD RECONVENED AT 2:27 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) BARDEN V. CITY OF SACRAMENTO
292 F.3d 1073 (9TH Cir. 2002); CONFERENCE WITH
LEGAL COUNSEL REGARDING INITIATION OF LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c):
ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE
PERFORMANCE EVALUATIONS PURSUANT TO GOVERNMENT
CODE SECTION 54957: CHIEF PROBATION OFFICER AND
DIRECTOR-DEVELOPMENT SERVICES. (***365)
CLOSED SESSION
ANNOUNCEMENT:
P,DJOURIrt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:28 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, FEBRUARY 11, 2003, AT 9:30 A.M.
R.J. BEELER, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
THE BOARD VOTED UNANIMOUSLY TO REMOVE ITSELF AS
AN INDIVIDUAL PARTY IN THE AMICUS BRIEF OF BARDEN
V. CITY OF SACRAMENTO, BUT TO REMAIN PART OF THE
LITIGATION THROUGH THE CALIFORNIA STATE
ASSOCIATION OF COUNTIES.
MINUTES -JANUARY 28, 2003
By:
MINUTES
PAGE 18
JANUARY 28, 2003