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HomeMy WebLinkAboutM041106BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL. 11, 2006 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, Yamaguchi, and Chair Josiassen. 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. (91) 0 60 9-0 01 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD DISCUSSION AND ACTION. 1. Butte County Sheriff's Office - approval is requested for Memoranda of Understanding (2) with the Butte County Sheriff's Office for the inmate labor programs. The first agreement covers the vegetative overgrowth and debris removal program, with a maximum amount payable of $125,000 (department budget). The second agreement covers the illegal dumping and debris cleanup program, with a maximum amount payable of $35,000 (department budget). The term of both agreements is July 1, 2006, through June 30, 2007 - action requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Contract Nos. X15950 and X15953) 2. Butte County Fair Association Bylaw Amendments - approval is requested by the Butte County Fair Association for amendments to the Association's bylaws. The changes are clarifications to existing language regarding appointments, and a time change for the annual meeting - action requested - APPROVE BUTTE COUNTY FAIR ASSOCIATION BYLAW AMENDMENTS. (99) CONSENT AGENDA 0608-002 MINUTES 1. Annual Audit Report for Fiscal Year 2004-2005 - submitted is the annual Independent Auditor's Report and Financial Statements for the County of Butte and the Independent Accountant's Report on Applying Agreed-Upon Procedures for the Fiscal Year Ended June 30, 2005. The report was prepared by the audit firm of Gilbert Associates, Inc., Certified Public Accountants - action requested - ACCEPT FOR INFORMATION. PAGE 1 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 060002 2. Butte County Office of Education - approval is requested for a Memorandum of Understanding with the Butte County Office of Education for funds from the Drug Free Communities Support Project to support one high school Friday Night Live Program, and to provide scholarship funds for youth and adults to attend youth development leadership and capacity building activities. The term of the agreement is October 1, 2005, through September 30, 2006, with a maximum amount payable to the County of $8,000. Board approval is also requested to accept and appropriate the unanticipated revenue - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE BUDGET TRANSFER B-332 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 3. Butte County Office of Education - approval is requested for a Memorandum of Understanding with the Butte County Office of Education for funds to support the development and implementation of up to four RESPECT Days by the Behavioral Health Prevention Unit. The term of the agreement is October 1, 2005, through October 30, 2006, with a maximum amount payable to the County of $2,793. Board approval is also requested to accept and appropriate the unanticipated revenue - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-331 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 4. Approval of Minutes - action requested - APPROVE MINUTES OF FEBRUARY 28, 2006, AND MARCH 14, 2006. 5. Set Special Meeting - at the request of the Public Works Department, approval is requested to set a Special Meeting for Tuesday, May 2, 2006, at 9:00 a.m. The meeting will be a workshop with staff to discuss the Capital Improvement Plan for the Neal Road Sanitary Landfill, and possible financing options - action requested - DIRECT A SPECIAL MEETING BE SET FOR TUESDAY, MAY 2, 2006, AT 9:00 A.M. 6. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: NEAL ROAD SANITARY LANDFILL-MANAGEMENT - deletes 3 positions of Landfill Equipment Operator, Senior, and 3 positions of Landfill Equipment Operator. Adds 6 flexibly staffed positions of Landfill Equipment Operator, Senior/Landfill Equipment Operator - action requested - ADOPT RESOLUTION 06-052 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 2 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 0608-002 7. Fixed Asset Equipment Funding - approval is requested to transfer $~,~~ 25 000 from the ISF Equipment Replacement Fund to the department's budget to provide the appropriation needed to complete the purchase of an enterprise backup and data storage system. Increases in the cost of network switching equipment have resulted in the need for additional funding - action requested - APPROVE BUDGET TRANSFER B-329 (4/5 vote required) ACCEPTING AND APPROPRIATING EQUIPMENT REPLACEMENT FUND REVENUE AS DETAILED IN THE AGENDA REPORT. 8. Library Donations - pursuant to Government Code Section 25355, donations of $2,339.87 from the Paradise Friends of the Library, $1,850 from the Chico Friends of the Library, $1,291.01 from anonymous donors, $731.80 from the Oroville Friends of the Library, and $250 from the Women of the Moose- Paradise, have been received for the Butte County Trust Fund for the purchase of books. Donations of $2,083.81 from the Gridley Friends of the Library, and $275.17 from an anonymous donor, have been received for staff support hours - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 9. Juvenile Justice Crime Prevention Act - Prior Year Funds - approval is requested to reappropriate $18,145 in unexpended fiscal year 2004-2005 Juvenile Justice Crime Prevention Act funds. The funds were unexpended at the end of the fiscal year and the encumbrance was subsequently released. Pursuant to Juvenile Justice Crime Prevention Act funding regulations, the period of time to expend the fiscal year 2004-2005 funds can be extended to June 30, 2006. The department is proposing to utilize the funds for youth development activities at the Juvenile Hall - action requested - APPROVE BUDGET TRANSFER B-330 (4/5 vote required) ACCEPTING AND APPROPRIATING PRIOR YEAR FUNDS AS DETAILED IN THE AGENDA REPORT . 10. Juvenile Justice Crime Prevention Act - approval is requested for a resolution authorizing application to the California Department of Corrections and Rehabilitation, Standards Corrections Authority, for the County's per capita funding distribution under the Schiff-Cardenas Crime Prevention Act of 2000. The department's distribution for fiscal year 2006- 2007 is estimated at $600,000, with no County matching funds required - action requested - ADOPT RESOLUTION 06-053 AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN APPLICATION ON BEHALF OF THE COUNTY. MINUTES PacE 3 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 0608-002 11. Gen-Probe - approval is requested for a sole source agreement with Gen-Probe for the purchase of testing kits for chlamydia and gonorrhea, and for the County's use of lab testing equipment, at no charge, for the term of the agreement. The term of the agreement is April 1, 2006, through March 31, 2009, with an estimated yearly amount payable of $55,000 (department budget). The actual cost will be based on the number of tests performed - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 12. Resolution for Summary Vacation for a Water Pipeline Right- of-Way from the Miocene Canal to the Old County Infirmary - the department has received a developer request to vacate an old water pipeline right-of-way traversing a parcel (APN 031- 030-031) located within the City of Oroville. The right-of- way was granted to the County in 1886 to provide water to the County infirmary. The pipe no longer exists and the old infirmary building is currently serviced by the Thermalito Irrigation District and an on-site well. The Thermalito Irrigation District, Butte County Facilities Services, and Butte County Water and Resource Conservation have no objections to the vacation of this water pipeline right-of- way. The developer has been advised to work with the City of Oroville to vacate any public interest that may exist within the incorporated area - action requested - FIND THAT THE WATER PIPELINE RIGHT-OF-WAY DESCRIBED IN THE RESOLUTION FOR SUMMARY VACATION FOR A WATER PIPELINE RIGHT-OF-WAY FROM THE MIOCENE CANAL TO THE OLD COUNTY INFIRMARY IS NO LONGER NECESSARY OR REQUIRED; ADOPT RESOLUTION 06-054 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A QUITCLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN. 13. Letters Regarding Intent to Issue an Exclusive Franchise for Collection and Recycling Services in the Upper Ridge Area - approval is requested for a letter which would give current waste collection companies operating in the affected areas notice of the County's intent to issue an exclusive franchise for collection and recycling services in the defined areas (Upper Ridge area). AB939 requires jurisdictions to notify the current collection companies operating in the area of the County's intent to issue an exclusive franchise for those defined areas - action requested - AUTHORIZE PUBLIC WORKS TO ISSUE A NOTICE LETTER TO PERMITTED SOLID WASTE COLLECTION COMPANIES OPERATING IN THE UPPER RIDGE AREA OF THE COUNTY'S INTENT TO ISSUE AN EXCLUSIVE FRANCHISE FOR COLLECTION AND RECYCLING SERVICES. MINUTES PacE 4 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 0608-002 14. Resolution of Application Requesting Dissolution of County Service Areas 88, 113, 118, 144 and 154 and Their Spheres of Influence - approval is requested for a resolution making application to the Local Agency Formation Commission to dissolve County Service Area 88 (Heritage Estates Lighting and Drainage), County Service Area 113 (Pleasant Valley Industrial Park Lighting and Drainage), County Service Area 118 (Watkins Subdivision Lighting and Drainage), County Service Area 144 (Durham Vintage Estates Lighting and Drainage), and County Service Area 154 (Forebay Vista Lighting and Drainage). The County Service Areas are not providing their intended services - action requested - FIND THAT THE APPLICATION TO DISSOLVE COUNTY SERVICE AREAS 88, 113, 118, 144, AND 154, IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT UNDER SECTION 15320; APPROVE THE APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT RESOLUTION 06-055 AND AUTHORIZE THE CHAIR TO SIGN. 15. Kennedy/Jenks Consultants - Amendment - approval is requested for an amendment to the agreement with Kennedy/Jenks Consultants for the preparation of short and long range plans for septage management within the County. The amendment revises the completion date to December 31, 2006. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X15087) 16. Surplus Equipment - approval is requested to declare surplus a Scotchlite Heat Applicator sign-making machine. The equipment is obsolete and materials are no longer available for purchase. The department has purchased replacement equipment - action requested - DECLARE FIXED ASSET ITEM (10416) SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY. 17. Tri-American Inc. - Amendment - approval is requested for an amendment to an agreement with Tri-American Inc., for the rental of a crack seal machine. The amendment extends the term of the agreement through April 25, 2005, to include all dates wherein the equipment was used, and increases the maximum amount payable by $3,000 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14831) 18. Resolution Concerning Changes in Maintained Mileage Within Butte County - approval is requested for a resolution which certifies the annual changes to the County's maintained mileage. The maintained mileage for the current year is 1,330.582 miles, a reduction of 20.157 miles from the previous year. The reduction is due primarily to annexations to local jurisdictions - action requested - ADOPT RESOLUTION 06-056 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 5 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS 0608-002 MOTION: VOTE: MINUTES MINUTES -APRIL 11, 2006 19. City of Oroville - on February 28, 2006, the Board approved a consulting agreement to update the Thermalito Master Drainage Studies, and an agreement with the City of Oroville to share the cost of that update. Subsequent to that approval, a modification was made to the agreement with the City of Oroville to clarify that payments are due within 30 days of receipt of each invoice and Board approval is requested for the revised agreement with the City - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 20. Request to Advertise for Bids - approval is requested to advertise for bids for contractors to provide Cape Seal, Microsurfacing and/or Chip Seal Treatments for certain roads in the Kelly Ridge area, Estates Drive area, Midway Bike Path area and Keefer Road area - action requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS FOR CONTRACT SURFACE TREATMENT SERVICES FOR ROADS DETAILED IN TABLE "A" OF THE AGENDA REPORT. 21. Introduction of an Ordinance Establishing Speed Limits on Certain Roads Within the County of Butte - approval is requested for an ordinance which will establish speed limits on roads in the Gridley area of the County of Butte as follows: 1. Higgins Avenue (County Road No. 04385-B) from Myers Avenue to Larkin Road; 2. Nielson Avenue (County Road No. 07375-K) from State Highway 99 to end; 3. O'Brien Avenue (County Road No. 07375-J) from the west end to Larkin Road; and 4. Wright Avenue (County Road No. 07375-L) from State Highway 99 to end - action requested - WAIVE READING OF THE ORDINANCE. 22. Resolution Recognizing April 24 through April 30, 2006, as Mosquito and Vector Control and West Nile Virus Awareness Week - the Butte County Mosquito and Vector Control District is requesting the Board adopt a resolution recognizing Mosquito and Vector Control and West Nile Virus Awareness Week - action requested - ADOPT RESOLUTION 06-057 AND AUTHORIZE THE CHAIR TO SIGN. 23. Resolution Proclaiming April 24 through April 30, 2006, as TV-Turnoff Week in Butte County - Valley Oak Children's Services is requesting the Board adopt a resolution proclaiming TV-Turnoff Week in Butte County - action requested - ADOPT RESOLUTION 06-058 AND AUTHORIZE THE CHAIR TO SIGN. (102) I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEMS 3.12 AND 3.25 REMOVED, AND ITEM 3.07 AMENDED TO INCREASE THE AMOUNT REQUESTED FOR TRANSFER FROM $20,000 TO $25,000. S M 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PAGE 6 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 REGULAR AGENDA 0608-003 Boards, Commissions and Committees. (149) 1. Appointments to Listed Vacancies. (NONE) SUPERVISOR CONNELLY ANNOUNCED THAT HE IS LOOKING FOR SOMEONE TO FILL HIS MINING COMMISSIONER APPOINTMENT. 2. Board Member or Committee Reports. (164) SUPERVISOR DOLAN INFORMED THE BOARD THAT BUTTE COUNTY WAS THE HOST FOR THE PLANNING COMMISSIONERS' CONFERENCE HELD APRIL 8, 2006, AND REPORTED THAT THERE WAS A GOOD TURNOUT AND A LOT OF GOOD INFORMATION WAS SHARED. SUPERVISOR YAMAGUCHI REPORTED THAT AT THE LAST REGIONAL COUNCIL OF RURAL COUNTIES MEETING THERE WAS A DISCUSSION REGARDING AB885, ON- SITE WASTEWATER SYSTEMS (OWTS) REGULATIONS. AMONG THE ISSUES DISCUSSED WAS A PROPOSED EXPANSION OF MANDATED TESTING TO INCLUDE MINERALS. 0608-004 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (252) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON THE REDUCTION OF FEDERAL TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) FUNDING AND HOW THAT WILL AFFECT THE COUNTY'S CHILD SUPPORT SERVICES DEPARTMENT. THE BOARD WAS INFORMED THAT AB 74, THE BUTTE COUNTY HEALTHY COMMUNITIES FUND BILL, IS CURRENTLY BEING HELD IN THE SENATE RULES COMMITTEE. THE COUNTY WILL BE WATCHING AB 2987, THE VIDEO COMPETITION ACT. THE BILL WOULD REMOVE FROM LOCAL GOVERNMENT FRANCHISING OF THE CABLE INDUSTRY. THE BOARD WAS ALSO INFORMED THAT THE ASSEMBLY BUDGET SUBCOMMITTEE ON HEALTH AND HUMAN SERVICES WOULD LIKE TO HOLD A HEARING IN BUTTE COUNTY ON THURSDAY, MAY 4, 2006, TO DISCUSS IN- HOME SUPPORTIVE SERVICES. THIS IS NOT A HEARING ON AB 74, OR THE COUNTY'S NEGOTIATIONS WITH THE HOME CARE WORKERS UNION. IT IS A CONTINUATION OF A SERIES OF HEARING HELD BY THE SUBCOMMITTEE AROUND THE STATE TO DISCUSS THE IHSS PROGRAM. 0608-005 Phase 2, Final Closure of Modules 1 and 3 at the Neal Road Sanitary Landfill, County Project No. 757-5857 - Award Contract - consideration of the award of a contract for the final closure of Modules 1 and 3 at the Neal Road Sanitary Landfill. The department will report on the bids received April 5, 2006 - action requested - AWARD CONTRACT FOR PROJECT TO THE LOWEST RESPONSIBLE BIDDER AS REPORTED AND RECOMMENDED BY THE DIRECTOR- PUBLIC WORKS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (452) AT THE REQUEST OF THE PUBLIC WORKS DEPARTMENT, THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ISSUE REQUIRES ADDITIONAL STAFF CONSIDERATION BEFORE THE ITEM IS BROUGHT BACK TO THE BOARD. MINUTES PAGE 7 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 0608-006 Items Removed from the Consent Agenda for Board Consideration and Action. (465) 1. Butte County Sheriff's Office - approval is requested for Memoranda of Understanding (2) with the Butte County Sheriff's Office for the inmate labor programs. The first agreement covers the vegetative overgrowth and debris removal program, with a maximum amount payable of $125,000 (department budget). The second agreement covers the illegal dumping and debris cleanup program, with a maximum amount payable of $35,000 (department budget). The term of both agreements is July 1, 2006, through June 30, 2007 - action requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN. (Contract Nos. X15950 and X15953) MOTION: I MOVE TO APPROVE THE AGREEMENTS (2) AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Butte County Fair Association Bylaw Amendments - approval is requested by the Butte County Fair Association for amendments to the Association's bylaws. The changes are clarifications to existing language regarding appointments, and a time change for the annual meeting - action requested - APPROVE BUTTE COUNTY FAIR ASSOCIATION BYLAW AMENDMENTS. MOTION: I MOVE TO APPROVE THE BUTTE COUNTY FAIR ASSOCIATION BYLAW AMENDMENTS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0608-007 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (906) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT HE WAS JUST ADVISED THAT SENATOR ACKERMAN HAS INTRODUCED SENATE BILL 307, WHICH WOULD PROVIDE AN APPROPRIATION OF $9,071,000 TO THE SECRETARY OF STATE TO PAY FOR THE 2005 SPECIAL ELECTION. THE CALIFORNIA STATE ASSOCIATION OF COUNTIES AND THE REGIONAL COUNCIL OF RURAL COUNTIES ARE ASKING SENATOR ACKERMAN TO AMEND THAT BILL TO INCLUDE $27,684,699, FOR CITIES' AND COUNTIES' COSTS INCURRED FOR THAT SPECIAL ELECTION. MOTION: I MOVE TO APPROVE A LETTER TO SENATOR ACKERMAN ENCOURAGING HIM TO AMEND THE BILL TO INCLUDE THE COUNTIES' COSTS. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESSED AT 9:31 A.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD. MINUTES PAGE 8 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES APRIL 11 , 2 0 0 6 Called to order at 9:31 a.m. in Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Board members present: Connelly, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: Marion Reeves, Deputy Clerk. Agenda Items (NO ITEMS) Public Comment 0604-001 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. (949) 1. MARILYN (NO LAST NAME GIVEN) ADDRESSED THE BOARD TO REQUEST ADDITIONAL WAGES FOR WORKERS, SUBMITTED FAILING GRADES TO THE SUPERVISORS REGARDING IHSS SUPPORT, AND SUBMITTED INFORMATION ON HOME CARE WORKERS WAGES IN OTHER COUNTIES. 2. GAIL ENNIS ADDRESSED THE BOARD TO STATE THAT THE BOARD IS FAILING OUR SENIORS, LOVED ONES WITH DISABILITIES, AND THOSE WHO CARE FOR THEM, AND THAT ISN'T RIGHT. 3. ALLIDA APLANALP ADDRESSED THE BOARD TO REQUEST THEY NEGOTIATE WITH THE WORKERS. 4. FRANK SMITH ADDRESSED THE BOARD TO EXPRESS HIS CONCERNS AS A RECIPIENT AND STATED THAT WORKERS NEED MORE MONEY TO KEEP WORKING SO THAT RECIPIENTS CAN HAVE WORKERS. 5. LOUIS PERRY ADDRESSED THE BOARD TO REQUEST A CONTRACT WITH REASONABLE WAGES. 6. SHEENA HUMS ADDRESSED THE BOARD TO REQUEST THAT THE CONFLICT BETWEEN THE UNION AND THE COUNTY NOT BE TAKEN OUT ON THE WORKERS. 7. MARK RYAN ADDRESSED THE BOARD TO STATE THAT AS A WORKER, HE DOESN'T WANT TO SUFFER BECAUSE OF THE CONFLICT BETWEEN THE COUNTY AND THE UNION. 8. EVAN LEVANG ADDRESSED THE BOARD TO ASK THAT THE BOARD NOT TAKE OUT THE CONFLICT ON THE CONSUMERS. THE PROGRAM IS A LIFELINE FOR INDIVIDUALS WITH DISABILITIES AND THEY NEED THEIR WORKERS. HE ALSO INFORMED THE BOARD THAT THE QUALITY ASSURANCE PROGRAM IMPLEMENTED BY THE STATE REDUCES THE HOURS APPROVED FOR FAMILY PROVIDERS. MINUTES PAGE 9 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 0604-001 9. ARTHUR LEMAR ADDRESSED THE BOARD TO SPEAK ON BEHALF OF THE CLIENTS AND STATED THAT COMMITMENT AND CONTINUITY OF WORKERS IS HARD TO FIND BECAUSE OF THE LOW WAGES AND LACK OF BENEFITS, AND BELIEVED THERE WOULD BE MORE COMMITMENT AND CONTINUITY OF WORKERS AND SERVICES TO CLIENTS IF THERE WERE BETTER WAGES AND BENEFITS. 0604-002 Closed Session RECESS: THE BOARD RECESSED AT 9:58 A.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: CALIFORNIA UNITED HOMECARE WORKERS. (1985) RECONVENE: THE BOARD RECONVENED AT 10:40 A.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: CALIFORNIA UNITED HOMECARE WORKERS. (2087) CLOSED SESSION ANNOUNCEMENT: AT THE CLOSE OF THE LABOR NEGOTIATING SESSION OF APRIL 10, 2006, THE COUNTY'S LABOR NEGOTIATOR ASKED FOR A DATE FOR THE NEXT SESSION FROM THE CALIFORNIA UNITED HOMECARE WORKERS. THE UNION DECLINED TO SET THE DATE, STATING THAT THEY NEEDED TIME TO CONSIDER AND THEY WOULD GET BACK TO THE COUNTY. THE COUNTY HAS MADE ITSELF AVAILABLE AND CONTINUED TO NEGOTIATE. IT IS THE UNION THAT IS NOW STALLING AGAIN IN NEGOTIATIONS, SO ANOTHER DATE HAS NOT BEEN SET YET. Adjournment ADJOURNED AT 10:41 A.M. AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY BOARD OF SUPERVISORS. MINUTES PAGE 10 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS CLOSED SESSION 0608-008 RECESS: THE BOARD RECESSED AT 9:59 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. LIGHTNER V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 136070); AND 3. HAUSELT V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 122288). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES; AND A CLOSED SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER, 2. DIRECTOR-BEHAVIORAL HEALTH, 3. CHIEF ADMINISTRATIVE OFFICER, 4. CHIEF PROBATION OFFICER, 5. COUNTY COUNSEL, 6. DIRECTOR-CHILD SUPPORT SERVICES, 7. DIRECTOR-DEVELOPMENT SERVICES, 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES, 9. DIRECTOR-HUMAN RESOURCES, 10. DIRECTOR-INFORMATION SYSTEMS, 11. DIRECTOR- LIBRARIES, 12. DIRECTOR-PUBLIC HEALTH, 13. DIRECTOR-PUBLIC WORKS, AND 14. DIRECTOR-WATER AND RESOURCE CONSERVATION. RECONVENE: THE BOARD RECONVENED AT 10:40 A.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. LIGHTNER V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 136070); AND 3. HAUSELT V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 122288). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1): TWO POTENTIAL CASES; AND A CLOSED SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER, 2. DIRECTOR- BEHAVIORAL HEALTH, 3. CHIEF ADMINISTRATIVE OFFICER, 4. CHIEF PROBATION OFFICER, 5. COUNTY COUNSEL, 6. DIRECTOR-CHILD SUPPORT SERVICES, 7. DIRECTOR-DEVELOPMENT SERVICES, 8. DIRECTOR- EMPLOYMENT AND SOCIAL SERVICES, 9. DIRECTOR-HUMAN RESOURCES, 10. DIRECTOR-INFORMATION SYSTEMS, 11. DIRECTOR-LIBRARIES, 12. DIRECTOR-PUBLIC HEALTH, 13. DIRECTOR-PUBLIC WORKS, AND 14. DIRECTOR-WATER AND RESOURCE CONSERVATION. (2134) (NO ANNOUNCEMENT) MINUTES PAGE ll APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 PUBLIC HEARINGS AND TIMED ITEMS 0608-009 Timed Item - Resolution of Necessity Regarding Acquisition of Real Property or Interest in Real Property by Eminent Domain for Public Road Purposes; Road Construction (Code of Civil Procedure Section 1245.230(a)), County of Butte Intersection Expansion and Traffic Signal Installation Project at the Intersection of Lincoln Boulevard and Ophir Road, County Project No. 21461-98-2, Assessor's Parcel Numbers 078-090-041 and 078-090-042 (formerly 036-270-028 and 036-270-082) - consideration of a resolution of necessity to acquire necessary rights-of-way and easements for the reconstruction, expansion and traffic signal installation project at Lincoln Boulevard and Ophir Road - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (2135) MOTION: I MOVE TO ADOPT RESOLUTION 06-059 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 NV 4 Y 5 Y (Motion Carried) 0608-010 Continued Public Hearing - Feather River Recreation and Park District - pursuant to Butte County Code Section 16-63, consideration of a resolution increasing the park facility fees for the area within the Feather River Recreation and Park District - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 3-28-06 [5.02]) (2555) PUBLIC HEARING RECONVENED AT: 10:51 A.M. PUBLIC HEARING CLOSED: 10:54 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 06-060 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PUBLIC COMMENT 0608-011 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. (2683) (NONE) MINUTES PAGE 12 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 CLOSED SESSION 0608-012 RECESS: THE BOARD RECESSED AT 10:55 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. LIGHTNER V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 136070); AND 3. HAUSELT V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 122288). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES; AND A CLOSED SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER, 2. DIRECTOR-BEHAVIORAL HEALTH, 3. CHIEF ADMINISTRATIVE OFFICER, 4. CHIEF PROBATION OFFICER, 5. COUNTY COUNSEL, 6. DIRECTOR-CHILD SUPPORT SERVICES, 7. DIRECTOR-DEVELOPMENT SERVICES, 8. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES, 9. DIRECTOR-HUMAN RESOURCES, 10. DIRECTOR-INFORMATION SYSTEMS, 11. DIRECTOR- LIBRARIES, 12. DIRECTOR-PUBLIC HEALTH, 13. DIRECTOR-PUBLIC WORKS, AND 14. DIRECTOR-WATER AND RESOURCE CONSERVATION. (2685) RECONVENE: THE BOARD RECONVENED AT 2:11 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100); 2. LIGHTNER V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 136070); AND 3. HAUSELT V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 122288). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1): TWO POTENTIAL CASES; AND A CLOSED SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER, 2. DIRECTOR- BEHAVIORAL HEALTH, 3. CHIEF ADMINISTRATIVE OFFICER, 4. CHIEF PROBATION OFFICER, 5. COUNTY COUNSEL, 6. DIRECTOR-CHILD SUPPORT SERVICES, 7. DIRECTOR-DEVELOPMENT SERVICES, 8. DIRECTOR- EMPLOYMENT AND SOCIAL SERVICES, 9. DIRECTOR-HUMAN RESOURCES, 10. DIRECTOR-INFORMATION SYSTEMS, 11. DIRECTOR-LIBRARIES, 12. DIRECTOR-PUBLIC HEALTH, 13. DIRECTOR-PUBLIC WORKS, AND 14. DIRECTOR-WATER AND RESOURCE CONSERVATION. (2134) (NO ANNOUNCEMENT) (2687) MINUTES PacE 13 APRIL 11, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 11, 2006 ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 2:11 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, APRIL 25, 2006, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board By: MINUTES PacE 14 APRIL 11, 2006