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HomeMy WebLinkAboutM042506BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 Called to order at 9:12 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 Dorothy Smith, Deputy Clerk. 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. 0 60 9-0 01 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 1. Advanced Step Hire Policy for Sheriff's Office - approval is requested for an Advanced Step Hire Policy for the Sheriff's Office for lateral transfers hired into the Sheriff's Office for the Deputy Sheriff, Correctional Officer and Public Safety Dispatcher classifications. The policy will allow the Chief Administrative Officer, with the concurrence of the Director-Human Resources, to approve advanced step hires for lateral transfers that assigns the transferring officer/dispatcher to a step that is approximately 5o above their previous pay, not to exceed the top step, provided the candidate meets the job qualifications and specifications, is working for another public agency at the time of application, and funds are available in the Sheriff's budget. The policy will allow the Chief Administrative Officer to make the final determination of step assignments or disapprove them without Board approval - action requested - APPROVE ADVANCED STEP HIRE POLICY FOR LATERAL TRANSFERS TO THE SHERIFF'S OFFICE. MINUTES PAGE 1 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-001 2. Final Closure of Modules 1 and 3 at the Neal Road Sanitary Landfill, Phase 2, County Project No. 757-5857 - Award Contract - approval is requested to award a contract for the final closure of Modules 1 and 3 at the Neal Road Sanitary Landfill (Phase 2) to Wood Brothers, Inc. of Lemoore, California, in the amount of $4,661,725. The project will consist of grading the designated closure areas, constructing a low-permeability soil liner, installation of a flexible geomembrane layer, placing a vegetative layer, installation of drainage structures and hydro-seeding. Additional methane gas extraction wells and gas piping will be installed and connected to the existing landfill gas blower/flare station. Bids were opened April 5, 2006, with the lowest responsive bidder being Wood Brothers, Inc. of Lemoore, California. Board approval is also requested to transfer $900,000 from the Neal Road Septage Management Fund to provide the remaining needed funding for the agreement - action requested - APPROVE A BUDGET TRANSFER APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND AWARD THE CONTRACT FOR FINAL CLOSURE OF MODULES 1 AND 3 (PHASE 2), IN THE AMOUNT OF $4,661,725, TO WOOD BROTHERS, INC., AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (37) CONSENT AGENDA 0609-002 1. Tri-County Economic Development Corporation - Amendment - approval is requested for an amendment to the Master Subrecipient Agreement with Tri-County Economic Development Corporation for services in support of the Community Development Block Grant (CDBG) Program. The amendment revises the agreement's language with regard to performance monitoring and records retention. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. 2. County Service Area #114 (Nitrate Study Plan) - Budget Transfer - approval is requested to transfer $100,000 from the Designated Fund Balance to the operating budget of County Service Area #114 (Nitrate Study Plan) to provide the appropriation needed to fund the cost of on-going planning studies necessary to prepare a loan application to the State Revolving Fund, and to cover costs associated with the County's Nitrate Compliance Program - action requested - APPROVE BUDGET TRANSFER B-349 (4/5 vote required) ACCEPTING AND APPROPRIATING DESIGNATED FUND BALANCE REVENUE AS DETAILED IN THE AGENDA REPORT. MINUTES PAGE 2 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-002 3. Transfer from the General Fund Appropriation for Contingencies - approval is requested to transfer a total of $4,363,966 from the General Fund Appropriation for Contingencies to provide for implementation of the compensation study ($1,726,000), to reimburse travel expenses associated with the Federal Energy Regulatory Commission's relicensing project ($10,000), to reimburse the Equipment Replacement Fund ($2,319,398), to reimburse the County Clerk- Recorder/Registrar of Voters' budget for the 2005 Special Election ($295,168), to provide the Library with appropriations for unanticipated expenses ($1,400), and to provide the Assessor's Office with the appropriation needed to replace a vehicle that is no longer operable ($12,000). The balance of the Appropriation for Contingencies Fund will be $4,372,247 following the transfer. Board approval is also requested for the fixed asset purchase of the replacement vehicle for the Assessor's Office, and for the use of $73,000 from Fund 7200 (Retained Earnings), to cover the cost of implementation of the compensation study for Facilities Services, and to cover higher than anticipated maintenance costs - action requested - APPROVE BUDGET TRANSFER B-348 (4/5 vote required) ACCEPTING AND APPROPRIATING $4,363,966 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA REPORT; APPROVE THE FIXED ASSET PURCHASE OF A VEHICLE FOR THE ASSESSOR'S OFFICE; AND APPROVE BUDGET TRANSFER B-348 (4/5 vote required) ACCEPTING AND APPROPRIATING $73,000 FROM FUND 7200 (RETAINED EARNINGS) AS DETAILED IN THE AGENDA REPORT. 4. Approval of Minutes - action requested - APPROVE MINUTES OF MARCH 28, 2006, AND APRIL 11, 2006. 5. Private Industry Council - approval is requested for an agreement with the Private Industry Council for the provision of CalWORKs Welfare-to-Work assessment testing, work experience site development and enhancement services, supportive services, youth programs, and maintenance of HelpCentral.org. The term of the agreement is January 1, 2005, through June 30, 2007, with a maximum amount payable of $480,000 for the multi-year term. Funding for the agreement is provided by Temporary Assistance For Needy Families (TANF) Performance Incentive Revenue, and Board approval is also requested to accept and appropriate $225,000 of the revenue for fiscal year 2005-2006 - 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-351 (4/5 vote required) ACCEPTING AND APPROPRIATING TANF PERFORMANCE INCENTIVE REVENUE AS DETAILED IN THE AGENDA REPORT. 6. Resolution in Recognition of National Volunteer Appreciation Week 2006 - action requested - ADOPT RESOLUTION 06-061 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 3 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-002 7. Resolution Establishing Salary and Benefits for Non- represented Classifications - approval is requested for a resolution which will revise the salary and benefit structure for non-represented employees. The major provisions include an update of vacation accrual levels to be consistent with the Butte County Management Employees' Association Memorandum of Understanding, inclusion of the Deputy Administrative Officers' salary structure, inclusion of the retired employees' option to purchase health premiums with sick leave accruals, and inclusion of the safety retirement formula for peace officers - action requested - ADOPT RESOLUTION 06-062 AND AUTHORIZE THE CHAIR TO SIGN. 8. Resolution of Benefits of Butte County Department Heads - approval is requested for a resolution which will update the minimum benefit levels for department heads by amending the vacation leave accrual and use provisions - action requested - ADOPT RESOLUTION 06-063 AND AUTHORIZE THE CHAIR TO SIGN. 9. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance. The resolution removes the following positions from the SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT CONFIDENTIAL AND SUPERVISORY UNIT and adds them to the SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE K, NON-REPRESENTED CLASSIFICATIONS as follows: Assistant Agricultural Commissioner/Director of Weights and Measures (Range 61), Assistant Assessor (Range 66), Assistant Auditor-Controller (Range 68), Assistant Behavioral Health Director (Range 67), Assistant Behavioral Health Director-Administration (Range 67), Assistant Chief Administrative Officer (Range 84), Assistant Chief Probation Officer (Range 69), Assistant County Clerk-Recorder (Range 63), Assistant County Clerk- Registrar of Voters (Range 63), Assistant County Counsel (Range 79), Assistant Director-Development Services (Range 69), Assistant Director-Employment and Social Services (Range 69), Assistant Director-Information Systems (Range 67), Assistant Director-Public Health (Range 69), Assistant Director-Public Works (Range 73), Assistant Treasurer-Tax Collector (Range 64), Chief Deputy District Attorney (Range 80), and Deputy Administrative Officer (Range 75) - action requested - ADOPT RESOLUTION 06-064 AND AUTHORIZE THE CHAIR TO SIGN. 10. Advanced Step Hire - pursuant to Personnel Rule 11.5(b), the Development Services Department is requesting the Board approve the Advanced Step Hire of a Building Official Assistant candidate to Step 6 of the salary range (Class Code 3303) based on education and experience. The Director-Human Resources concurs with the request for the Advanced Step Hire - action requested - APPROVE ADVANCED STEP HIRE OF A BUILDING OFFICIAL ASSISTANT CANDIDATE TO STEP 6 OF THE SALARY RANGE. MINUTES PacE 4 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-002 11. Library Donations - pursuant to Government Code Section 25355, donations of $851.80 from the Oroville Friends of the Library, $200 from the Chico Friends of the Library, $100 from Gina Ellena of Oroville, and $100 from an anonymous donor, have been received for the Butte County Trust Fund for the purchase of books. A donation of $436.66 from the Paradise Friends of the Library has been received for staff support hours at the Paradise Library - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 12. Anti-Drug Abuse Enforcement Program - approval is requested to apply to the Governor's Office of Emergency Services, Criminal Justice Programs Division, for funds under the Federal Edward Byrne Memorial Block Grant Program. The funds will be used to improve the criminal justice system, with emphasis on convicting violent and serious offenders and enforcing drug control laws. The grant will provide $154,476 to the County for fiscal year 2006-2007 - action requested - ADOPT RESOLUTION 06-065 AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN ALL GRANT RELATED DOCUMENTS AND AGREEMENTS. 13. Juvenile Accountability Block Grant - approval is requested to apply to the State of California, Department of Corrections and Rehabilitation/Corrections Standards Authority, for funds under the fiscal year 2006-2007 Juvenile Accountability Block Grant program. The County's allocation is $13,447 and requires a cash match of $1,494. The department's budget includes funds for the required match. The grant provides funding for programs designed to reduce juvenile offenses through accountability-based initiatives, and random drug testing. The application for funding requires a resolution providing grant assurances - action requested - ADOPT RESOLUTION 06-066 AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN ALL GRANT RELATED DOCUMENTS AND AGREEMENTS. 14. California Family Health Council, Inc. - approval is requested for a grant agreement with the California Family Health Council, Inc., for funds to support the Peer Provider Program at the Table Mountain Clinic. The term of the grant is January 1, 2006, through December 31, 2006, with a maximum amount payable to the County of $100,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 15. Nutrition Services Grant - approval is requested for a grant agreement with the CSU, Chico Research Foundation, acting as lead agency for the Sierra Cascade Nutrition and Activity Consortium, for funds to provide nutrition services. The term of the agreement is October 1, 2005, through September 30, 2006, with a maximum amount payable to the County of $45,705 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PAGE 5 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-002 16. Fixed Asset Purchase - approval is requested for the fixed asset purchase of modular furniture in the amount of $8,000. The furniture will be used at the Table Mountain Clinic, front office area. Funding for the purchase is available in the department's current year budget, and Board approval is also requested to approve a transfer of funds between budget line items to provide the appropriation needed for the purchase - action requested - APPROVE FIXED ASSET PURCHASE OF MODULAR FURNITURE IN THE AMOUNT OF $8,000; AND APPROVE BUDGET TRANSFER B-354 ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT. 17. Federal Apportionment Exchange Program and State Match Program - approval is requested for the fiscal year 2005-2006 Federal Apportionment Exchange Program and State Match Program Agreement with the California Department of Transportation. The agreement will allow the Department of Transportation to exchange Regional Surface Transportation Program funds for non-federal funds. In addition to the exchange of funds, State matching funds are allocated from the State Highway Account to the Public Works Department - action requested - ADOPT RESOLUTION 06-067 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 18. Etech Controls Corporation - Amendment - approval is requested for an amendment to the agreement with Etech Controls Corporation for maintenance and repair services for the security equipment in the Butte County Jail. The amendment extends the term of the agreement through June 30, 2006, and increases the maximum amount payable by $13,482 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15319 ) 19. Steven Reader Enterprises - approval is requested for an agreement with Steven Reader Enterprises for the preparation of a Jail Needs Assessment to study various aspects of the jail, including operational assessment, population analysis and projections, a review of current and future alternatives to incarceration, physical space planning, and staffing analysis and operational cost implications. The term of the agreement is 130 days from the date of approval, with a maximum amount payable of $85,000. Funding for the agreement will be provided by the Inmate Welfare Fund and Board approval is also requested to approve a transfer of the needed funds - 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-358 (4/5 vote required) ACCEPTING AND APPROPRIATING INMATE WELFARE FUNDS AS DETAILED IN THE AGENDA REPORT . MINUTES PAGE 6 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-002 20. Butte Meadows Hillslider's Snowmobile Club - Amendment - approval is requested for an amendment to the agreement with the Butte Meadows Hillslider's Snowmobile Club for snow grooming, plowing and removal in the area surrounding the Jonesville Snowpark. The amendment increases the reimbursement rates for snow blowing and road grading services, effective December 1, 2005. The overall maximum amount payable is not increased. When applicable, mileage reimbursement rates will be at the current Internal Revenue Service rate. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR AND THE SHERIFF-CORONER TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X15373) 21. Vehicle Purchase - approval is requested to accept and appropriate $5,447.47 of insurance proceeds received in settlement of a vehicle accident involving a Sheriff's Office unmarked vehicle, and to transfer $18,000 from the COPS budget to the Rural Counties Supplemental Funding budget to provide the appropriation needed to purchase a replacement vehicle for the vehicle totaled in the accident - action requested - APPROVE BUDGET TRANSFER B-357 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AND COPS FUNDING AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF REPLACEMENT VEHICLE. 22. Computer Equipment and Software Purchase - approval is requested to increase the sole source fixed asset purchase authority previously approved for the purchase of computer hardware and software for the Communications Center. After receiving the latest price quotations for the needed software and equipment, it was determined that an additional $3,000 will be needed for the report writing software, and an additional $16,500 will be needed for computer equipment. Additionally it was determined that a new operating system will be needed at the cost of $20,000. Funding for the purchase is available within the department's current year budget, and Board approval is also requested to transfer funds between budget line items to provide the needed appropriation for the purchases - action requested - APPROVE BUDGET TRANSFER B-356 APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE SOLE SOURCE FIXED ASSET PURCHASE OF COMPUTER EQUIPMENT AND SOFTWARE. 23. Resolution Recognizing the Butte Interagency Narcotics Task Force's 20th Anniversary - action requested - ADOPT RESOLUTION 06-068 AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 7 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS 0609-002 MOTION: VOTE MINUTES -APRIL 25, 2006 24. Resolution Authorizing and Approving the Borrowing of Funds for Fiscal Year 2006-2007; the Issuance and Sale of a 2006- 2007 Tax and Revenue Anticipation Note Therefor and Participation in the California Communities Cash Flow Financing Program - approval is requested for a resolution which will authorize the Auditor and Treasurer to begin procedures to participate in the California Cash Flow Financing Program for the 2006-2007 issuance of Tax and Revenue Anticipation Notes. The issuance will be for a maximum feasible amount to be determined by the Treasurer and Auditor, not to exceed $35,000,000 - action requested - ADOPT RESOLUTION 06-069 AND AUTHORIZE THE CHAIR TO SIGN 25. Fixed Asset Purchases - approval is requested for the fixed asset purchase of computer hardware in the amount of $5,300 to support the Basin Management Objectives Information Center project, and for the fixed asset purchase of a sports utility vehicle for use by department staff in an amount not to exceed $24,000. Funding for the purchases is available within the department's budget (grant funds), and Board approval is also requested for a transfer between budget line items to provide the appropriation needed for the purchases - action requested - APPROVE FIXED ASSET PURCHASE OF COMPUTER HARDWARE AND SPORTS UTILITY VEHICLE; AND APPROVE BUDGET TRANSFER B-359 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 26. Gridley-Biggs Cemetery District - action requested - REAPPOINT JOSEPH P. HUGHES, TRUSTEE, TO A TERM TO END MAY 1, 2010. (35) I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.11 AND 3.19. M S 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR JOSIASSEN PRESENTS A RESOLUTION RECOGNIZING THE BUTTE INTERAGENCY NARCOTICS TASK FORCE TO KEITH KRAMPITZ, BUTTE INTERAGENCY NARCOTICS TASK FORCE. CHAIR JOSIASSEN PRESENTS A RESOLUTION IN RECOGNITION OF VOLUNTEER APPRECIATION WEEK 2006 TO HENRI BRACHAIS, FIRE CHIEF. REGULAR AGENDA 0609-003 MOTION: MINUTES Boards, Commissions and Committees. (340) 1. Appointments to Listed Vacancies. I MOVE TO APPOINT PAUL MOORS, DISTRICT 2 REPRESENTATIVE, TO THE BUTTE COUNTY RESOURCE CONSERVATION DISTRICT, TO A TERM TO END JANUARY 8, 2007. PAGE 8 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-003 M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Board Member or Committee Reports. (398) SUPERVISOR YAMAGUCHI PROVIDED THE BOARD WITH AN UPDATE ON THE LAST REGIONAL COUNCIL OF RURAL COUNTIES CONFERENCE. TOPICS COVERED INCLUDED INDIAN GAMING, AB885 REGARDING ON-SITE WASTEWATER TREATMENT SYSTEMS, SPECIAL ELECTION COSTS, THE SECURE RURAL SCHOOLS AND SELF-DETERMINATION ACT, AND IN-HOME SUPPORTIVE SERVICES BILL AB2469. 0609-004 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (467) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, PROVIDED THE BOARD WITH AN UPDATE ON: 1. AB74, A SPOT BILL THAT WOULD REQUIRE BUTTE COUNTY TO ESTABLISH THE BUTTE COUNTY HEALTHY COMMUNITIES FUND. STRONG LETTERS IN OPPOSITION TO THE PROPOSED LEGISLATION FROM OTHER COUNTIES AND COUNTY ORGANIZATIONS HAVE BEEN RECEIVED; 2. AB2840, PROPOSED LEGISLATION THAT WOULD REQUIRE A STATEWIDE STUDY BE DONE BEFORE CHANGES TO THE WAY AUTOMOBILE INSURANCE RATES ARE CALCULATED COULD BE MADE. MR. MCINTOSH ASKED THE BOARD TO CONCUR WITH A POSITION OF SUPPORT FOR THE BILL; 3. SB1554, A PROPOSED BILL THAT WOULD PROHIBIT THE PUBLIC UTILITIES COMMISSION FROM ALLOWING THE IMPOSITION OF A USER FEE ON BUSINESS CUSTOMERS OF LOCALLY-OWNED PUBLIC UTILITIES. MR. MCINTOSH ASKED THE BOARD'S CONCURRENCE FOR A POSITION OF SUPPORT FOR THAT BILL; AND 4. AB2469, PROPOSED LEGISLATION THAT WOULD RESTRUCTURE REALIGNMENT FOR IN-HOME SUPPORTIVE SERVICES. MR. MCINTOSH ASKED THE BOARD'S CONCURRENCE FOR A POSITION OF OPPOSITION TO THAT BILL. THE BOARD CONCURRED WITH BOTH REQUESTS. 0609-005 Children's Services Programs - Report to the Board - report on the Children's Services programs in the Department of Employment and Social Services - action requested - ACCEPT FOR INFORMATION. (688) PRESENTATION TO THE BOARD BY CATHI GRAMS, DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES, AND PATTI SMITH, ASSISTANT DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES. RECESS: 10:22 A.M. RECONVENE : 1 0: 4 5 A. M. MINUTES PAGE 9 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 PUBLIC HEARINGS AND TIMED ITEMS 0609-006 Public Hearing - Allocation of Community Development Block Grant Program Income - consideration of the allocation of up to $190,000 of program income into Community Development Block Grant 04-PTAA- 0303, to provide public infrastructure to service low income housing in the Chapman Mulberry area, and to provide facility management of the Southside Oroville Community Center - action requested - APPROVE A BUDGET TRANSFER (4/5 vote required) ALLOCATING $190,000 OF PROGRAM INCOME AS DETAILED IN THE AGENDA REPORT; ADOPT A RESOLUTION AMENDING COMMUNITY DEVELOPMENT BLOCK GRANT 04-PTAA-0303 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AN AMENDMENT TO THE AGREEMENT WITH THE PRIVATE INDUSTRY COUNCIL FOR FACILITY MANAGEMENT OF THE SOUTHSIDE OROVILLE COMMUNITY CENTER AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (2701) PUBLIC HEARING OPENED: 10:45 A.M. PUBLIC HEARING CLOSED: 10:51 A.M. MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-350 (4/5 vote required) ALLOCATING $190,000 OF PROGRAM INCOME AS DETAILED IN THE AGENDA REPORT; ADOPT RESOLUTION 06-070 AMENDING COMMUNITY DEVELOPMENT BLOCK GRANT 04-PTAA-0303 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE AN AMENDMENT TO THE AGREEMENT WITH THE PRIVATE INDUSTRY COUNCIL FOR FACILITY MANAGEMENT OF THE SOUTHSIDE OROVILLE COMMUNITY CENTER AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0609-007 Public Hearing - Nuisance Abatement Costs - consideration of a proposed lien of $8,271 on the property located at 4925 Lincoln Boulevard, Oroville (APN 035-222-022, 023 and 043). Pursuant to Butte County Code Chapter 32A, the County may recover costs associated with the abatement of a public nuisance. The subject property was determined to be a public nuisance at hearing held May 31, 2005, and was abated August 8-10, 2005, at a total process cost of $8, 271 - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. APPROVE A LIEN IN THE AMOUNT OF $8,271 AGAINST THE PROPERTY LOCATED AT 4925 LINCOLN BOULEVARD, OROVILLE (APN 035-222-022, 023 AND 043), AND DIRECT RECORDING OF THE LIEN; AND 2. DIRECT THAT THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. (2902) PUBLIC HEARING OPENED: 10:51 A.M. PUBLIC HEARING CLOSED: 11:00 A.M. MINUTES PacE 10 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-007 MOTION: I MOVE TO APPROVE A LIEN IN THE AMOUNT OF $8,271 AGAINST THE PROPERTY LOCATED AT 4925 LINCOLN BOULEVARD, OROVILLE (APN 035-222-022, 023 AND 043), AND DIRECT RECORDING OF THE LIEN; AND DIRECT THAT THE AMOUNT DUE BE PLACED UPON THE COUNTY TAX ROLL AS A SPECIAL ASSESSMENT TO BE COLLECTED AT THE SAME TIME AND IN THE SAME MANNER AS PROPERTY TAXES ARE COLLECTED. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0609-008 Public Hearing - Robert Castleberry - Legal Lot Determination/ Conditional Certificate of Compliance Appeal - consideration of an appeal of conditions of approval of a Legal Lot Determination/Certificate of Compliance for a parcel created in 1979 by deed. The property is located on a private access easement, approximately 700 feet northeast of Oro-Garden Ranch Road, Oroville, and identified as APN 079-030-072 - action requested - OPEN HEARING AND CONTINUE OPEN TO MAY 23, 2006, AT 10:35 A.M. (3235) PUBLIC HEARING OPENED AT 11:01 A.M., AND CONTINUED OPEN TO MAY 23, 2006, AT 10:35 A.M. REGULAR AGENDA 0609-009 Butte County Resource Conservation District and the United States Department of Agriculture (USDA), National Resource Conservation Service - Report to the Board - report on the current programs and 2005 accomplishments of the Butte County Resource Conservation District and the USDA, National Resource Conservation Service - action requested - ACCEPT FOR INFORMATION. (3319) (**00) PRESENTATION TO THE BOARD BY TOCCOY DUDLEY, DIRECTOR-WATER AND RESOURCE CONSERVATION, VICKI NEWLIN, MANAGER, PROGRAM DEVELOPMENT, WATER AND RESOURCE CONSERVATION, PIA SEVELIUS, DISTRICT MANAGER, BUTTE COUNTY RESOURCE CONSERVATION DISTRICT, AND HUE DANG, WATERSHED TEAM LEADER, NATIONAL RESOURCE CONSERVATION SERVICE. 0609-010 Loan Application for Fire Station Construction - consideration of approval to apply to the United States Department of Agriculture for funds to construct a new fire station in Bangor - action requested - APPROVE SUBMISSION OF LOAN APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND ADOPT A RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (**1318) MOTION: I MOVE TO APPROVE SUBMISSION OF THE CHAIR TO SIGN; AND MOVE AUTHORIZE THE CHAIR TO SIGN. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously A LOAN APPLICATION AND AUTHORIZE TO ADOPT RESOLUTION 06-071 AND Carried) MINUTES PacE ll APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-011 Addus Healthcare, Inc. - Agreement - consideration of a two year agreement with Addus Healthcare, Inc., for the provision of In- Home Supportive Services. The agreement proposes 192,000 annual service hours at an hourly rate of $14.89, and an annual maximum amount payable not to exceed $2, 859, 629 - action requested - AWARD AGREEMENT TO ADDUS HEALTHCARE, INC., AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (**1554) MOTION: I MOVE TO AWARD THE AGREEMENT TO ADDUS HEALTHCARE, INC., AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0609-012 A Matter on Which a Public Hearing Has Been Held and a Motion of Intent Adopted - Ken and Mary Brown Tentative Parcel Map Appeal - on December 13, 2005, the Board adopted a Motion of Intent to approve the appeal of conditions of approval for a Tentative Parcel Map to divide a 2.3 acre parcel into two parcels of 1.03 and 1.3 acres, on property located on the north side of Via Morro Court, and identified as APN 018-020-083. Staff has prepared the necessary findings and actions needed to finalize that approval - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTION: 1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED APRIL 25, 2006, AND THE REVISED CONDITIONS OF APPROVAL DETAILED IN EXHIBIT A OF THE STAFF REPORT DATED APRIL 25, 2006, APPROVE THE APPEAL OF CONDITIONS 12, 13, AND 16 FOR THE BROWN TENTATIVE PARCEL MAP (APN 018-020-083) (TPM MOTION: I MOVE, SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT DATED APRIL 25, 2006, AND THE REVISED CONDITIONS OF APPROVAL DETAILED IN EXHIBIT A OF THE STAFF REPORT DATED APRIL 25, 2006, APPROVE THE APPEAL OF CONDITIONS 12, 13, AND 16 FOR THE BROWN TENTATIVE PARCEL MAP (APN 018-020-083) (TPM 04N-29). S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PAGE 12 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-013 Items Removed from the Consent Agenda for Board Consideration and Action. 1. Advanced Step Hire Policy for Sheriff's Office - approval is requested for an Advanced Step Hire Policy for the Sheriff's Office for lateral transfers hired into the Sheriff's Office for the Deputy Sheriff, Correctional Officer and Public Safety Dispatcher classifications. The policy will allow the Chief Administrative Officer, with the concurrence of the Director-Human Resources, to approve advanced step hires for lateral transfers that assigns the transferring officer/dispatcher to a step that is approximately 5o above their previous pay, not to exceed the top step, provided the candidate meets the job qualifications and specifications, is working for another public agency at the time of application, and funds are available in the Sheriff's budget. The policy will allow the Chief Administrative Officer to make the final determination of step assignments or disapprove them without Board approval - action requested - APPROVE ADVANCED STEP HIRE POLICY FOR LATERAL TRANSFERS TO THE SHERIFF'S OFFICE. (**1873) MOTION: I MOVE TO APPROVE THE ADVANCED STEP HIRE POLICY FOR LATERAL TRANSFERS TO THE SHERIFF'S OFFICE. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES 2. Final Closure of Modules 1 and 3 at the Neal Road Sanitary Landfill, Phase 2, County Project No. 757-5857 - Award Contract - approval is requested to award a contract for the final closure of Modules 1 and 3 at the Neal Road Sanitary Landfill (Phase 2) to Wood Brothers, Inc. of Lemoore, California, in the amount of $4,661,725. The project will consist of grading the designated closure areas, constructing a low-permeability soil liner, installation of a flexible geomembrane layer, placing a vegetative layer, installation of drainage structures and hydro-seeding. Additional methane gas extraction wells and gas piping will be installed and connected to the existing landfill gas blower/flare station. Bids were opened April 5, 2006, with the lowest responsive bidder being Wood Brothers, Inc. of Lemoore, California. Board approval is also requested to transfer $900,000 from the Neal Road Septage Management Fund to provide the remaining needed funding for the agreement - action requested - APPROVE A BUDGET TRANSFER APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND AWARD THE CONTRACT FOR FINAL CLOSURE OF MODULES 1 AND 3 (PHASE 2), IN THE AMOUNT OF $4,661,725, TO WOOD BROTHERS, INC., AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (**1956) PacE 13 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS 0609-013 MOTION: VOTE MINUTES PAGE 14 APRIL 25, 2006 M 1 Y 2 Y 3 Y MINUTES -APRIL 25, 2006 I MOVE TO APPROVE BUDGET TRANSFER B-355 APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND AWARD THE CONTRACT FOR FINAL CLOSURE OF MODULES 1 AND 3 (PHASE 2), IN THE AMOUNT OF $4,661,725, TO WOOD BROTHERS, INC., AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. S 4 Y 5 Y (Unanimously Carried) RECESSED AT 12:05 P.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD. BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES APRIL 25 , 2006 Called to order at 12:05 p.m. in the Butte County Board of Supervisors Room, 25 County Center Drive, Oroville. Board members present: Connelly, Dolan, Houx, Yamaguchi and Chair Josiassen. Also present: Dorothy Smith, Deputy Clerk. Agenda Items (NO ITEMS) Public Comment 0605-001 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. (**2123) (**000) 1. GENASIN LEE ADDRESSED THE BOARD AS A WORKER TO TELL THE BOARD WHAT SHE DOES TO TAKE CARE OF HER MOTHER. 2. ARTHUR LEMNER ADDRESSED THE BOARD TO SPEAK ON BEHALF OF HOME HEALTHCARE WORKERS, AND STATED THAT HE THINKS ADDUS IS DOING A GOOD JOB. 3. ROSEMARY LANDRY ADDRESSED THE BOARD TO ASK WHY THE BOARD WON'T GIVE THE WORKERS A RAISE AND BENEFITS, AND REQUESTED THE BOARD AND MR. MCINTOSH PROVIDE THEIR RESPONSES TO HER BOTH VERBALLY AND IN WRITING. MR. MCINTOSH RESPONDED THAT THE COUNTY HAS NOT REFUSED TO BARGAIN AND THAT AN OFFER WAS EXTENDED TO THE WORKERS. 4. MARILYN FREIDMAN ADDRESSED THE BOARD TO ASK THEM TO RECONSIDER RAISES AND BENEFITS FOR WORKERS. 5. GAIL ENNIS ADDRESSED THE BOARD TO ASK IF THE COUNTY'S NEGOTIATOR SPEAKS FOR THE BOARD. 6. DAN GROVER, INDEPENDENT LIVING SERVICES, ADDRESSED THE BOARD TO STATE THAT THEIR ORGANIZATION WOULD SUPPORT LEGISLATION TO GET COUNTY REALIGNMENT FUNDS RETURNED QUICKER. 7. FRANK SMITH, BOARD OF DIRECTORS OF INDEPENDENT LIVING SERVICES, SPOKE IN SUPPORT OF IN-HOME CARE WORKERS. 8. ALICIA BRYANT ADDRESSED THE BOARD AS A MEMBER OF THE PUBLIC AND VOLUNTEER FOR INDEPENDENT LIVING SERVICES, AND STATED THAT WAGES FOR WORKERS SHOULD BE INCREASED AND THEY SHOULD BE GIVEN BENEFITS. MINUTES PAGE 15 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0605-001 9. NICOLE HUTCHINSON ADDRESSED THE BOARD TO STATE THAT PART OF BEING INDEPENDENT AS A DISABLED PERSON IS TO HAVE IN-HOME WORKERS AND ASKED FOR LIVING WAGES FOR WORKERS. Closed Session 0605-002 Recess: THE BOARD RECESSED AT 1:00 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: CALIFORNIA UNITED HOMECARE WORKERS. Reconvene: THE BOARD RECONVENED AT 3:40 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: CALIFORNIA UNITED HOMECARE WORKERS. (NO ANNOUNCEMENTS) Adjournment ADJOURNED AT 3:40 P.M. AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY BOARD OF SUPERVISORS. MINUTES PacE 16 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS REGULAR AGENDA 0609-014 Report to the Board - report by Director-Public Works regarding storm damage - action requested - ACCEPT FOR INFORMATION. (***256) REPORT TO THE BOARD BY MIKE CRUMP, DIRECTOR-PUBLIC WORKS. PUBLIC COM[IENT 0609-015 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. (***773) (NONE) CLOSED SESSION 0609-016 RECESS: THE BOARD RECESSED AT 12:45 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. FISHER V. BUTTE COUNTY (U.S.D.C. 05-CV-00598); 2. FISHER V. BUTTE COUNTY SUPERIOR COURT (U.S.D.C. 05-CV-00600); AND 3. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES, AND CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTIES: APN 036-270-082 (OR 078-090-042) AND APN 036-270-028 (OR 078-090- 041); AGENCY NEGOTIATORS: MIKE CRUMP, DIRECTOR- PUBLIC WORKS; NEGOTIATING PARTIES: ROBERT W. SCHULTZ; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. (***781) ITEM 7.03, PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR- BEHAVIORAL HEALTH, WAS REMOVED FROM THE CLOSED SESSION AGENDA WITHOUT DISCUSSION OR CONSIDERATION. MINUTES PAGE 17 APRIL 25, 2006 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 25, 2006 0609-016 RECONVENE: THE BOARD RECONVENED AT 3:40 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. FISHER V. BUTTE COUNTY (U.S.D.C. 05-CV-00598); 2. FISHER V. BUTTE COUNTY SUPERIOR COURT (U.S.D.C. 05-CV-00600); AND 3. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100). A CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES. A PUBLIC EMPLOYEE PERFORMANCE EVALUATION, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR- BEHAVIORAL HEALTH, AND A CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTIES: APN 036-270-082 (OR 078-090-042) AND APN 036-270-028 (OR 078-090- 041); AGENCY NEGOTIATORS: MIKE CRUMP, DIRECTOR- PUBLIC WORKS; NEGOTIATING PARTIES: ROBERT W. SCHULTZ; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. (***818) (NO ANNOUNCEMENTS) ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 3:40 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, MAY 9, 2006, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board By: MINUTES PacE 18 APRIL 25, 2006