HomeMy WebLinkAboutM030105BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
Called to order at 9:04 a.m., in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Dolan, Houx, Josiassen, and Chair
Yamaguchi. 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.
Observation of a Moment of Silence.
CORRECTIONS AND~OR CHANGES TO THE AGENDA.
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION
0504-001 1. In-Home Supportive Services Advisory Committee - action
requested - REAPPOINT JAY HARRIS TO A TERM TO END
DECEMBER 19, 2007; AND APPOINT WILLIAM ARMFIELD TO A VACATED
TERM TO END DECEMBER 15, 2005.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. THE ITEM WILL BE REVISED AND RETURN ON A SUBSEQUENT
AGENDA.
CONSENT AGENDA
0504-002 1. Accularm Security Systems - Amendment - approval is requested
for an amendment to the agreement with Accularm Security
Systems for the provision of monthly monitoring of the
security systems at the Oroville Adult Treatment Court
Services Office and Oroville Community Counseling Center.
The amendment increases the maximum amount payable for fiscal
year 2004-2005 by $48, and for fiscal year 2005-2006 by $96
(department budget), as a result of a monthly service rate
increase of $8. 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. X11674)
2. Landmark Medical Center - Amendment - approval is requested
for an amendment to the agreement with Landmark Medical
Center for the provision of community mental health services
for chronically mentally disordered patients. The amendment
decreases the maximum amount payable for fiscal year 2004-
2005 by $4,140, and revises agreement language regarding
reimbursement provisions. 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.
X15026)
MINUTES
PacE 1 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-002 3. State of California, Department of Mental Health - approval
is requested for a Performance Contract with the State of
California, Department of Mental Health, for the State's
provision of Community Mental Health Services pursuant to
welfare and Institutions Code Section 5602. The term of the
agreement is July 1, 2004, through June 30, 2005. There is
no funding associated with the Performance Contract - action
requested - ADOPT RESOLUTION 05-027 AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL.
4. State of California, Department of Mental Health -
Amendment - approval is requested for an amendment to the
revenue agreement with the State of California, Department
of Mental Health, for the County's management of mental
health services for Medi-Cal beneficiaries. The amendment
increases the County's allocation for fiscal year 2004-2005
by $205,427 for Phase I and Phase II services, and revises
agreement provisions - action requested - ADOPT RESOLUTION
05-028 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
5. Grant Augmentation - approval is requested to accept and
appropriate $26,000 in grant funds received from the State
of California, Department of Alcohol and Drug Programs, as
an augmentation to the Safe and Drug Free Schools and
Communities Grant. The funds are used to enhance and expand
drug and violence prevention services in Butte County. The
department is requesting to appropriate $19,500 of the
funds - action requested - APPROVE BUDGET TRANSFER B-258 (4/5
vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
6. Victor D. Mlotok, M.D. - Amendment - approval is requested
for an amendment to the agreement with Victor D.
Mlotok, M.D., for the provision of professional medical and
psychiatric services. The amendment increases the maximum
amount payable by $1,445 (department budget) for on-call
services. All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X14935)
7. Children's System of Care Funding for Fiscal Year 2003-2004 -
approval is requested to accept and appropriate $200,400 in
fiscal year 2003-2004 carryover funds from the Children's
System of Care program - action requested - APPROVE BUDGET
TRANSFER B-257 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
MINUTES
PacE 2 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-002 8. Funding for Agreement - on January 25, 2005, the Board
approved an agreement with Faramarz M. Yazadani of FMY, Inc.,
to assist County Counsel with Federal Energy Regulatory
Commission issues associated with re-licensing of the
facility at Lake Oroville. Approval is requested for a
transfer of $35,000 from the General Fund Appropriation for
Contingencies to provide the needed funding - action
requested - APPROVE BUDGET TRANSFER B-260 (4 /5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE FROM THE
GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN
THE AGENDA REPORT.
9. Increased Funding for Publication Costs - approval is
requested for a transfer of $25,000 from the General Fund
Appropriation for Contingencies to provide publication funds
for mandatory notices by the Clerk of the Board for the
remainder of the fiscal year. The current fiscal year's
costs have been higher than expected and the current fiscal
year's budget has been exhausted - action requested - APPROVE
BUDGET TRANSFER B-259 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES FUND AS DETAILED IN THE
AGENDA REPORT.
10. Approval of Minutes - action requested - APPROVE MINUTES OF
JUNE 8, 2004; JANUARY 11, 2005; AND JANUARY 25, 2005; WITH
THE NOTATION THAT SUPERVISOR CONNELLY WILL ABSTAIN FROM
APPROVAL OF THE 2004 MINUTES.
11. Local Agency Biennial Report (Exempt) - the following
districts have reviewed their Local Agency Biennial Reports
and have determined that the conditions of exemption still
exist: Drainage District No. 200, Pine Creek Cemetery
District, and Upham Cemetery District. County Counsel has
reviewed the attached Local Agency Biennial Reports and finds
them to be proper - action requested - ACCEPT 2004 LOCAL
AGENCY BIENNIAL REPORTS.
12. Local Agency Biennial Conflict of Interest Codes (Non-
exempt) - the following districts have reviewed their
Conflict of Interest Codes and have determined that their
Codes are current and not in need of revision: Paradise
Irrigation District, Richardson Springs Community Services
District, Richvale Recreation and Park District, and Rock
Creek Reclamation District. County Counsel has reviewed the
attached notices and finds them to be proper - action
requested - ACCEPT 2004 LOCAL AGENCY BIENNIAL CONFLICT OF
INTEREST CODE NOTICES.
MINUTES
PacE 3 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-002 13. Regional and Economic Sciences - Amendment - approval is
requested for an amendment to the agreement with Regional and
Economic Sciences for research related to the analysis of the
socio-economic impact of Project 2100 (the Lake Oroville Dam)
on the economy of Butte County. The amendment extends the
term of the agreement through January 1, 2006, and provides
language clarifications with regard to reporting requirements
and consulting services. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
14. Butte County District Attorney/Butte County Child Support
Services - Plan of Cooperation - approval is requested for
a Plan of Cooperation with the Department of Child Support
Services for the investigation of cases involving non-payment
of child support. The term of the agreement is July 1, 2004,
through June 30, 2005, with the Department of Child Support
Services reimbursing the District Attorney's Office for
services in an amount not to exceed $164,000 (Child Support
Services budget). The District Attorney's budget included
$123,325 for Child Support investigations, and Board approval
is also requested to accept and appropriate the remaining
funds - action requested - APPROVE PLAN OF COOPERATION AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-261 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
15. Resolution Requesting a waiver of work Requirement for Able-
Bodied Adults without Dependents Due to High Unemployment
Rates in Butte County - approval is requested for a
resolution applying to the United States Department of
Agriculture for an Able-Bodied Adults without Dependents
(ABAWD) work Requirement waiver which will allow non-exempt
ABAWDs to receive food stamp benefits beyond the limit of
three months in three years. The waiver eligibility is based
on unemployment rates in the County. The additional benefits
are provided by the United States Department of Agriculture
at no cost to the County - action requested - ADOPT
RESOLUTION 05-029 AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 4 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-002 16. Vehicle Purchase and Budget Transfer - approval is requested
to award a bid for the purchase of a Hazardous Materials
Vehicle to low bidder Placer Fire Equipment, Inc., in the
amount of $237,232.71. Funding for the purchase will be
provided through a combination of grant funds ($185,000) and
County matching funds ($40,000), with the remaining funds to
be provided by purchase reductions in the HazMat Trust Fund
($12,233). Board approval is also requested for a budget
transfer necessary to allocate the funding for the purchase -
action requested - AWARD BID FOR PURCHASE OF HAZARD MATERIALS
VEHICLES TO PLACER FIRE EQUIPMENT, INC., IN THE AMOUNT OF
$237,232.71; AND APPROVE BUDGET TRANSFER B-263 (4/5 vote
required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN
THE AGENDA REPORT.
17. Vehicle Purchase and Budget Transfer - approval is requested
to award a bid for purchase of a Light Fire Rescue Apparatus
Vehicle for the Forest Ranch Volunteer Fire Company to low
bidder Wittmeier Chevrolet in the amount of $41,263.37 plus
tire fees. Funding for the purchase is available through a
combination of Community Cost Share funds ($20,631), Water
Tender Earnings funds ($4,617), Volunteer Fire Budget funds
($1,334), and funds raised during the Fire on the Fairway
fund-raising event ($14,682). Board approval is also
requested for a budget transfer necessary to allocate the
funding for the purchase - action requested - AWARD BID FOR
PURCHASE OF LIGHT FIRE RESCUE APPARATUS VEHICLE TO WITTMEIER
CHEVROLET, IN THE AMOUNT OF $41,263.37; AND APPROVE BUDGET
TRANSFER B-262 (4 /5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
18. State Homeland Security Grant Program, Fiscal Year 2005 -
approval is requested to apply to the Office of Homeland
Security for $618, 466 in grant funds under the State Homeland
Security Grant Program. The funds will be used for emergency
prevention, preparedness, and response personnel to prevent,
deter, respond, and recover from threats and incidents of
terrorism - action requested - ADOPT RESOLUTION 05-030
APPROVING APPLICATION FOR GRANT FUNDS AND AUTHORIZE THE CHAIR
TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER,
GENERAL SERVICES DIRECTOR AND EMERGENCY SERVICES OFFICER TO
SERVE AS AUTHORIZED REPRESENTATIVES FOR THE RECEIPT,
PROCESSING AND COORDINATION OF GRANT RELATED ACTIVITIES.
MINUTES
PacE 5 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-002 19. Fixed Asset Purchase and Budget Transfer - approval is
requested for the fixed asset purchase of two portable
weather stations in the amount of $28,500 and an IChem
Spectral Library in the amount of $7,000. The equipment is
an authorized purchase under the fiscal year 2004 Homeland
Security Grant Guidelines and will be issued to HAZMAT teams
once received. Board approval is also requested for a budget
transfer of grant funds to provide the allocation needed for
the purchases - action requested - APPROVE BUDGET TRANSFER
B-265 AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED
ASSET PURCHASE OF EQUIPMENT AS DETAILED IN THE AGENDA REPORT.
20. Fixed Asset Authorization and Budget Transfer - approval is
requested to increase the authorization for purchase of
equipment under the Homeland Security Grant, Part II, fiscal
year 2003, in the amount of $1,832 to cover the cost of sales
tax and shipping associated with the equipment purchases.
Funding for the increase is available in other budget line
items and Board approval is also requested for a transfer of
those funds - action requested - APPROVE INCREASE IN FIXED
ASSET PURCHASE AUTHORITY BY $1,832; AND APPROVE BUDGET
TRANSFER B-264 AS DETAILED IN THE AGENDA REPORT.
21. RRM Design Group - Amendment - approval is requested for an
amendment to the agreement with RRM Design Group for pre-
design and schematic design services for the Butte County
Fire Station 42 relocation project. The amendment reduces
the maximum amount payable to $17,255.57, the amount already
expended under the agreement, and terminates the agreement
with the County. The City of Chico will be assuming control
of the project and will enter into their own agreement for
completion of the project - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
22. Courthouse Expansion Project - approval is requested to
accept and appropriate $17,677 received from the Superior
Court of California, County of Butte, to fund change order
numbers 12 through 15 for the Courthouse Expansion Project -
action requested - APPROVE BUDGET TRANSFER B-266 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
23. Building Crafts Workers Shift Hours Side Letter Agreement -
approval is requested for a side letter agreement with the
Butte County Employees' Association which will establish a
Call Back Availability Schedule for the Building Crafts
workers, Senior classification and provide compensation for
the status as a means to address facilities needs for the
Corrections Division - action requested - APPROVE SIDE LETTER
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 6 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-002 24. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: ADMINISTRATIVE - deletes one flexibly staffed
position of Supervisor, Support Services/Administrative
Assistant. Adds one position of Manager, Support Services.
ASSESSOR - deletes one flexibly staffed position of Office
Specialist/Office Assistant. Adds one flexibly staffed
position of Assessment Clerk, Senior/Assessment Clerk/Office
Specialist, Senior/Office Specialist/ Office Assistant.
DISTRICT ATTORNEY-CRIMINAL - deletes one flexibly staffed
sunset position of Deputy District Attorney IV/III/II/I
(position end date 6-30-05), and one flexibly staffed
position of Deputy District Attorney IV/III/II/I Adds one
position of Supervisor, Deputy District Attorney. DISTRICT
ATTORNEY-CHILD SUPPORT INVESTIGATIONS - increases a one-half
time position of Investigator II to a full-time position.
DEVELOPMENT SERVICES - deletes one position of Administrative
Assistant. Adds one flexibly staffed position of Office
Specialist, Senior/Office Specialist/Office Assistant, and
one position of Assistant Director Development Services.
PUBLIC HEALTH-GENERAL SERVICES - adds one and a half
positions of Nutrition Specialist, Senior/Nutrition
Specialist. CHILD SUPPORT SERVICES - deletes two positions
of Paralegal, and two positions of Child Support Specialist,
Senior/Child Support Specialist. SALARY PLAN FOR CLASSIFIED
POSITIONS, REFERENCE F, MANAGEMENT, CONFIDENTIAL AND
SUPERVISORY UNIT CLASSIFICATION - adds the classification of
Assistant Director Development Services - action requested -
ADOPT RESOLUTION 05-031 AND AUTHORIZE THE CHAIR TO SIGN.
25. Salary Step Adjustment - pursuant to Personnel Rule 11.13,
Board approval is requested by the Probation Department to
advance a recently appointed Supervisor, Juvenile Hall
Counselor to step three of the salary range, retroactive to
February 14, 2005, based on experience. The Director of
Human Resources concurs with the recommendation of the
Probation Department - action requested - APPROVE SALARY STEP
ADJUSTMENT FOR SUPERVISOR, JUVENILE HALL COUNSELOR, AS
DETAILED IN THE AGENDA REPORT.
26. Library Donations - pursuant to Government Code Section
25355, donations of $978.60 from the Paradise Friends of the
Library, $500.00 from J. Regan of Paradise, $300.00 from Jim
and Mary Johnson of Paradise, $200.00 from Jolene Blake of
Oroville, and $100.00 from Ruthmarie Ferris of Oroville, have
been received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
MINUTES
PacE 7 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-002 27. Redwood Toxicology Laboratory, Inc. - Amendment - approval
is requested for an amendment to the agreement with Redwood
Toxicology Laboratory, Inc., for the provision of drug
testing services. The amendment extends the term of the
agreement through $~3--14 June 3 0 , 2 0 05 . Al l other
terms and conditions 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. X14247)
28. Resolution of Intent to Abandon a Portion of a Drainage
Easement - the department has received a request to abandon
13 feet of an existing 20 foot drainage easement located on
a vacant lot on the east side of Jack Hill Drive, 130 feet
south of 6336 Jack Hill Drive, in the Kelly Ridge area,
Oroville. Staff will be recommending approval of the project
to the Planning Commission at its meeting of
February 24, 2005 - action requested - ADOPT RESOLUTION
05-032 GIVING NOTICE OF A PUBLIC HEARING TO BE HELD
MARCH 22, 2005, AT 10:30 A.M., TO CONSIDER THE PETITION TO
ABANDON A PUBLIC SERVICE EASEMENT.
29. Mar-Ken International - approval is requested for a sole
source agreement with Mar-Ken International for the provision
of training services for department canines and handlers.
The term of the agreement is January 1, 2005, through
December 31, 2007, with a maximum amount payable of $66,250
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15336)
30. Etech Controls Corporation - approval is requested for an
agreement with Etech Controls Corporation for maintenance and
repair services for the security equipment in the Butte
County Jail. The term of the agreement is
September 16, 2004, through September 15, 2005, with a
maximum amount payable of $27,648 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X15319)
31. Butte Meadows Hillslider's Snowmobile Club - approval is
requested for an agreement with the Butte Meadows
Hillslider's Snowmobile Club for snow grooming, plowing and
removal in the area surrounding the Jonesville Snowpark. The
term of the agreement is November 1, 2004, through
June 30, 2006, with a maximum amount payable of $80,000
(State grant funds) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES
PacE 8 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-002 32. Fixed Asset Equipment Purchase - approval is requested for
the fixed asset purchase of a Live Scan fingerprint imaging
machine. The equipment will replace outdated equipment that
does not have the capability of scanning palm images, which
is required in certain instances under Proposition 69. The
cost of the equipment is $52,690. Funding for the purchase
is available through a combination of Development Impact Fees
($10,538), and Criminal Justice Temporary Facilities
Construction funds ($42,152), and Board approval is also
requested for the budget transfer necessary to complete the
purchase - action requested - APPROVE BUDGET TRANSFER B-267
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED
ASSET PURCHASE OF FINGERPRINT IMAGING EQUIPMENT IN THE AMOUNT
OF $52,690.
33. Accounting Division Remodel - approval is requested to
transfer $10,527 from the Development Impact Fee Trust Fund
to the Special Maintenance Budget to provide additional
appropriations needed to complete the Accounting Division
relocation and remodel - action requested - APPROVE BUDGET
TRANSFER B-270 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
34. Jail Shower Facilities Alteration - approval is requested to
transfer $676 from the Inmate welfare Fund to the Special
Maintenance Fund to provide additional appropriations needed
to complete a revision to the shower facilities in 12 housing
pods in the Jail - action requested - APPROVE BUDGET TRANSFER
B-269 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
35. Local Law Enforcement Block Grant Funds Interest - approval
is requested to accept and appropriate $239 in interest
earnings from the Local Law Enforcement Block Grant. The
funds will be used to purchase canine equipment - action
requested - APPROVE BUDGET TRANSFER B-268 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT.
36. Monthly Investment Report - submitted is the Monthly
Investment Report dated January 31, 2005, in accordance with
the Statement of Investment Policy dated July 1, 2004 -
action requested - ACCEPT FOR INFORMATION.
37. Relief of Accountability - pursuant to Government Code
Section 29390, approval is requested for relief of
accountability for $100.00 resulting from the discovery of
a counterfeit bill in the property tax receipts of
October 20, 2004. The Auditor-Controller has reviewed the
matter and found no evidence of fraud or gross negligence -
action requested - GRANT RELIEF OF ACCOUNTABILITY.
MINUTES
PacE 9 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 1, 2005
0504-002 38. A Resolution of the Board of Supervisors of the County of
Butte to Apply Five-Year Time Period for Tax-Defaulted Non-
Residential Commercial Property - approval is requested for
a resolution which will allow the County to continue applying
the five-year time period for the sale of tax-defaulted non-
residential commercial property in accordance with California
Revenue and Taxation Code Section 3691(B) - action
requested - ADOPT RESOLUTION 05-033 AND AUTHORIZE THE CHAIR
TO SIGN.
39. Southside Oroville Community Center Advisory Committee -
action requested - APPOINT DEBORAH L. THOMPSON TO A TERM TO
END JANUARY 5, 2009.
40. Butte County water Commission - action requested - REAPPOINT
MARK KIMMELSHUE, LANDOWNER-PRIVATE WELL REPRESENTATIVE, TO
A TERM TO END MARCH 1, 2009.
41. Butte County Behavioral Health Board - action requested -
APPOINT DAVE PANCHESSON, LAW ENFORCEMENT REPRESENTATIVE, TO
A TERM TO END DECEMBER 31, 2007. (75)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.27 AMENDED TO
CORRECT THE TERM ENDING DATE TO JUNE 30, 2005, AND THE REMOVAL OF
ITEM 3.42.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0504-003 Boards, Commissions and Committees. (87)
1. Appointments to Listed Vacancies.
MOTION: I MOVE TO APPOINT CHUCK LOCH AS THE DISTRICT 3 REPRESENTATIVE TO
THE ECONOMIC DEVELOPMENT CORPORATION TO A TERM TO END
JANUARY 8, 2007.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Board Member or Committee Reports. (138)
CHAIR YAMAGUCHI REPORTED ON THE SUBREGION MEETING FOR THE SIERRA
NEVADA CONSERVANCY HELD LAST MONTH IN QUINCY. SUPERVISOR
YAMAGUCHI WAS THE SUPERVISOR SELECTED TO REPRESENT THE SUBREGION.
MINUTES
PAGE 10
MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-004 Resolution of Appreciation to Supporters of the Eighth Annual
Community wide True Love waits Campaign - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (175)
MOTION: I MOVE TO ADOPT RESOLUTION 05-034 AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
SUPERVISOR CONNELLY PRESENTED THE RESOLUTION TO TERE LAWRENCE,
COMMUNITY HEALTH ALLIANCE OF OROVILLE, AND STUDENT REPRESENTATIVES
FROM AREA SCHOOLS PARTICIPATING IN THE PROGRAM.
RECESS: 9: Z7 A.M
RECONVENE : 9: 2 9 A. M.
REGULAR AGENDA
0504-005 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (466) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, DISCUSSED THE REPORT RELEASED LAST WEEK BY THE
LEGISLATIVE ANALYST'S OFFICE REGARDING THE GOVERNOR'S PROPOSED
BUDGET.
1. Strategic Local Government Services, LLC - legislative
update - action requested - ACCEPT FOR INFORMATION.
2. Combat Meth Act of 2005 - Position of Support - consideration
of a position of support for federal legislation to combat
the production of methamphetamine - action requested - ADOPT
A POSITION OF SUPPORT; AND APPROVE A LETTER OF SUPPORT TO
SENATOR FEINSTEIN AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT A POSITION OF SUPPORT AND APPROVE A LETTER OF
SUPPORT TO BE SENT TO SENATOR FEINSTEIN AND AUTHORIZE THE CHAIR TO
SIGN; AND FURTHER URGE THE CHAIR SIGN A LETTER OF APPRECIATION TO
THE SENATOR FOR HER LEADERSHIP ON THIS MATTER.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0504-006 Four-County Drinking water Quality Program - update to the Board
on the status of the various work plan elements for development of
a four-county drinking water quality program for the counties of
Butte, Glenn, Tehama and Colusa - action requested - ACCEPT FOR
INFORMATION. (902)
PRESENTATION TO THE BOARD BY ED CRADDOCK, DIRECTOR-WATER AND
RESOURCE CONSERVATION; AND BOB VINCE, PROJECT MANAGER, CAMP,
DRESSER & MCKEE.
MINUTES PacE ll MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 1, 2005
0504-007 Almond Avenue Gravel Pit - consideration of the solicitation for
proposals to complete an appraisal and/or valuation of the
aggregate deposits and fiscal feasibility analysis for the
County's Almond Avenue Gravel Pit, located at the end of Almond
Avenue, off Larkin Road, and to propose options on how best the
County could structure a mineral lease or sale agreement for the
site - action requested - DIRECT STAFF TO SOLICIT PROPOSALS.
(1570)
MOTION: I MOVE TO DIRECT STAFF TO SOLICIT PROPOSALS FOR ANALYSIS OF ALMOND
AVENUE GRAVEL PIT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:15 A.M.
RECONVENE : 1 0: 2 8 A. M.
PUBLIC HEARINGS AND TIMED ITEMS
0504-008 Continued Public Hearing - consideration of an ordinance amending
the Butte County Code by amending Sections 3-101, 3-102, 3-103 of
Article XI within Chapter 3 of said code and Section 20-210 of
Article IX within Chapter 20 of said code related to drainage fees
in Thermalito and/or Chico - action requested:
1. ADOPT AN ORDINANCE WITH EXHIBIT 1, DRAINAGE FEE ORDINANCE FOR
THERMALITO AND CHICO, AND AUTHORIZE THE CHAIR TO SIGN; OR
2. ADOPT AN ORDINANCE WITH EXHIBIT 2, DRAINAGE FEE ORDINANCE FOR
CHICO (ONLY), AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-8-05
[5.02]) (2233)
PUBLIC HEARING RECONVENED: 10:28 A.M.
PUBLIC HEARING CLOSED: 10:39 A.M.
MOTION: I MOVE TO ADOPT ORDINANCE 3903 WITH EXHIBIT 1, DRAINAGE FEE
ORDINANCE FOR THERMALITO AND CHICO, AND AUTHORIZE THE CHAIR TO
SIGN; WITH THE STAFF DIRECTION THAT THE DEPARTMENT CONTINUE TO
WORK ON FEE COMPARISON ISSUES WITH THE CITY OF OROVILLE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PAGE 12
MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 1, 2005
0504-009 Continued Public Hearing - Brent and Debbie Sobrero Tentative
Parcel Map Appeal - consideration of an appeal of the Planning
Commission's denial of a Tentative Parcel Map to divide a 40-acre
parcel into two 20-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. Sewage
disposal for the future dwellings on the site would be provided by
individual on-site septic systems. Domestic water would be
obtained from individual wells. The project site is located on
the north side of Clear Creek Cemetery Road, approximately one
mile east of Clark Road (State Highway 191) approximately 5 miles
south of Paradise, and identified as APN 041-110-135 (MM [T PM 04-
07]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTIONS:
1. DENY THE APPEAL TO REDUCE THE REQUIRED 300-FOOT RESIDENTIAL
DWELLING SETBACK FROM PARCEL BOUNDARIES; AND
2. SUBJECT TO FINDINGS II(A AND B) AS DETAILED IN THE STAFF
REPORT DATED MARCH 1, 2005, UPHOLD THE PLANNING COMMISSION'S
DENIAL. (FROM 2-8-05 [5.03] ) (2775) (**00)
PUBLIC HEARING RECONVENED AT 10:40 A.M., AND CONTINUED OPEN TO
APRIL 12, 2005, AT 10:30 A.M., TO ALLOW THE APPLICANT THE
OPPORTUNITY TO SUBMIT FACTS INTO THE RECORD THAT WOULD
SUBSTANTIATE A FINDING OF UNUSUAL CIRCUMSTANCES.
REGULAR AGENDA
RECESSED AT 12:20 P.M., AS THE BUTTE COUNTY BOARD OF SUPERVISORS
AND CONVENED AT THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD.
MINUTES
PAGE 13
MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
MARCH 1, 2 0 0 5
Called to Order at 12:20 p.m., in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Board members
present: Connelly, Dolan, Houx, Josiassen and Chair Yamaguchi.
Also present: Marion Reeves, Deputy Clerk.
Agenda Items (NONE)
Closed Session
0502-001 RECESS: THE BOARD RECESSED AT 12:21 P.M., 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. (**3491)
RECOr7yENE : THE BOARD RECONVENED AT 1 : 4 9 P . M . , FROM 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. (3607) (NO ANNOUNCEMENTS)
Public Comment
0502-002 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. (**3645) (NONE)
Adjournment
Adjourned at 1:50 p.m., as the Butte County In-Home Supportive
Services Public Authority Board and reconvened as the Butte County
Board of Supervisors.
MINUTES PacE 14 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
CLOSED SESSION
0504-010 RECESS: THE BOARD RECESSED AT 12:21 P.M., TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) ONE POTENTIAL CASE;
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; AND CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) 1.
C.M.S.C.S (CASE NO. ARB-03-2357), 2. JONES V.
COUNTY OF BUTTE (CONSENT DECREE), BUTTE COUNTY
SUPERIOR COURT CASE NO. 84428. (**3533)
RECONVENE: THE BOARD RECONVENED AT 1:50 P.M., FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) ONE POTENTIAL CASE;
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; AND CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) 1.
C.M.S.C.S (CASE NO. ARB-03-2357), 2. JONES V.
COUNTY OF BUTTE (CONSENT DECREE), BUTTE COUNTY
SUPERIOR COURT CASE NO. 84428. (**3669) (NO
ANNOUNCEMENTS)
PUBLIC HEARING AND TIMED ITEMS
0504-011 Public Hearing - Adoption of Resolutions of Necessity to Acquire
Certain Real Property - the Public works Department has been
involved in negotiations with Gregory Danysh in order to acquire
rights-of-way and easements for the Oroville-Quincy (FH-119)
Highway Project. Negotiations have reached an impasse and it has
become necessary to begin the process of acquisition by eminent
domain - action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (**3680) (***00)
PUBLIC HEARING OPENED: 1:50 P.M.
PUBLIC HEARING CLOSED: 1:54 P.M.
MOTION
VOTE
MINUTES
I MOVE TO ADOPT RESOLUTION 05-035 AND AUTHORIZE THE CHAIR TO SIGN.
S M
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PAGE 15
MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MARCH 1, 2005
0504-012 Public Hearing - Community Development Block Grant (CDBG) Program:
A. Consideration of a Transfer of Program Income - approval is
requested for a resolution amending CDBG Grant No. 02-EDBG-87
(Butte County Business Incubator Program) and authorizing the
allocation of CDBG Program Income to the previously approved
grant program. Proposed is a transfer of $50, 000 to the open
grant to allow the County to continue with previously
approved grant activities, and to facilitate compliance with
State CBDG regulations pertaining to the allowable amount of
Program Income - action requested - ADOPT RESOLUTION
APPROVING AMENDMENT OF OPEN GRANT (BUTTE COUNTY INCUBATOR
PROGRAM) AND AUTHORIZING THE CHAIR TO SIGN; AND APPROVE A
BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING PROGRAM INCOME AS DETAILED IN THE AGENDA
REPORT.
B. Consideration of the Application for Funds - the County is
eligible for a combined total of $800,000 for projects
associated with the Economic Development Allocation and
General Allocation. Grants of up to $35,000 per year are
available from the General Planning and Technical Assistance
Allocation, and $35,000 per year from the Economic
Development Planning and Technical Assistance Allocation.
The County is eligible to apply for up to 3 years of funding
for General Allocation projects in a single application, for
a total of $1,500,000 ($500,000 per fiscal year for fiscal
years 2005-2006, 2006-2007, and 2007-2008) - action
requested - SOLICIT INPUT FROM THE PUBLIC AND REQUEST
INFORMATION FOR THE 2005-2006 COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDING CYCLE; AND PROVIDE STAFF DIRECTION ON SPECIFIC
GENERAL ALLOCATION PROJECTS TO PURSUE. (***83)
PUBLIC HEARING OPENED: 1:56 P.M.
PUBLIC HEARING CLOSED: 2:48 P.M.
MOTION: I MOVE TO ADOPT RESOLUTION 05-036 APPROVING AMENDMENT OF OPEN
GRANT (BUTTE COUNTY INCUBATOR PROGRAM) AND AUTHORIZING THE CHAIR
TO SIGN; AND FURTHER MOVE TO APPROVE BUDGET TRANSFER B-272 (4/5
vote required) ACCEPTING AND APPROPRIATING PROGRAM INCOME AS
DETAILED IN THE AGENDA REPORT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION TO STAFF TO PREPARE APPLICATIONS FOR COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS FOR 2005-2006, AND RETURN THE
COMPLETED APPLICATIONS TO THE BOARD FOR FINAL APPROVAL.
MINUTES PacE 16 MARCH 1, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES - MARCH 1, 2005
REGULAR AGENDA
SUPERVISOR JOSIASSEN NOT PRESENT.
0504-013 Consideration of an Ordinance Amending the Butte County Code, by
Adding Article VI, Composed of Articles VI(A), VI(B), VI(C), and
VI(D), to Chapter 10 of Said Code - consideration of an ordinance
which will expand the County Code regarding the encroachment
permit process by providing more specific details and requirements
to help guide both the applicants wishing to work or encroach onto
a County highway or road, as well as Public works Staff who review
and issue the encroachment permits - action requested - WAIVE
READING OF THE ORDINANCE. (***2152)
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE.
M S
VOTE: l Y 2 Y 3 Y 4 NP 5 Y (Motion Carried)
0504-014 Items Removed from the Consent Agenda for Board Consideration and
Action. (***3675) (NONE)
PUBLIC COMMENT
0504-015 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. (***3681) (NONE)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 3:20 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, MARCH 9, 2005, AT 9:00 A.M.
KIM K. YAMAGUCHI, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By:
MINUTES PacE 17 MARCH 1, 2005