HomeMy WebLinkAboutM042605BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 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 Dorothy Bell, Deputy
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.
0507-001 1. Mid-year Budget Adjustment - approval is requested for
actions which would establish intra-departmental
appropriations and provide for the transfer of support costs
to the appropriate budget units and programs. There are no
fiscal impacts associated with the proposed actions - action
requested - APPROVE A BUDGET TRANSFER ESTABLISHING INTRA-
DEPARTMENTAL APPROPRIATIONS AND MAKING TRANSFERS AS DETAILED
IN THE AGENDA REPORT.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION. THE ITEM WILL BE REVISED AND RETURN ON A
SUBSEQUENT AGENDA.
CONSENT AGENDA
0507-002 1. State Department of Finance - approval is requested for a
grant agreement with the State Department of Finance for
funds under the State-County Property Tax Administration
Program for Fiscal Year 2004-2005. The term of the grant is
one year, with a grant award to the County of $381,956. The
funds will be used to enhance the County Property Tax
Administration System - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
2. State of California, Department of Mental Health - approval
is requested for a grant agreement with the State of
California, Department of Mental Health, for funds under the
Federal McKinney Projects for Assistance in Transition from
Homelessness (PATH) grant program. The term of the agreement
is July 1, 2005, through June 30, 2006, with a maximum amount
payable to the County of $72, 481 - action requested - APPROVE
GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES
PAGE 1 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0507-002 3. Resolution in Recognition of Judge Darrell Stevens Upon His
Retirement from the Superior Court of California, County of
Butte - action requested - ADOPT RESOLUTION 05-052 AND
AUTHORIZE THE CHAIR TO SIGN.
4. County Commission on Aging - Supervisor Connelly submits his
District Representative nomination - action requested -
APPOINT T.C. DENNIS, DISTRICT 1 REPRESENTATIVE, TO A TERM TO
END JANUARY 5, 2009.
5. Southside Oroville Community Center Advisory Committee -
Supervisor Connelly submits a recommendation for appointment
to the Southside Oroville Community Center Advisory
Committee - action requested - APPOINT LYNNDEE CAPUT,
COMMUNITY BASED REPRESENTATIVE, TO A TERM TO END
JANUARY 5, 2009.
6. Budget Augmentation - approval is requested to accept and
appropriate $5,000 from the General Fund Appropriation for
Contingencies to the District 1 Supervisor budget unit to
cover one-time expenses associated with the transition to a
new Supervisor - action requested - APPROVE BUDGET TRANSFER
B-358 ACCEPTING AND APPROPRIATING $5,000 FROM THE GENERAL
FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE
AGENDA REPORT.
7. Department Head Benefits - approval is requested for a
resolution amending the benefits provided to elected and
appointed department heads. The resolution is intended to
provide a benefit increase similar to the Cost of Living
Allowance increase provided to County employees through
recent employment negotiations. The major provisions of the
resolution are: a) increase in monthly vehicle allowance
by $100 per month; b) three additional days of management
leave accrual annually; c) membership dues to local service
clubs to be a reimbursable expense; d) elected officials
option to purchase back forfeited sick leave when moving from
regular employee to an elected office; and e) minor clean-up
language to incorporate previously adopted Board policy
including the new mechanism for setting the salaries of
elected officials. The changes are to be effective
May 1, 2005 - action requested - ADOPT RESOLUTION 05-053 AND
AUTHORIZE THE CHAIR TO SIGN.
8. Ray Morgan Company - Amendment - approval is requested for
an amendment to the agreement with Ray Morgan Company for
maintenance and service of the department's printers. The
amendment extends the term of the agreement through
June 30, 2006, increases the minimum monthly volume in
anticipation of increased use, and increases the maximum
amount payable per month by $415 (department budget) for the
amended term. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X140172)
MINUTES
PAGE 2 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0507-002 9. Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 8, 2005, AND MARCH 1, 2005, AND AUTHORIZE THE CHAIR
TO SIGN.
10. James A. Curtis - Amendment - approval is requested for an
amendment to the agreement with James A. Curtis for the
provision of specialized legal services. The amendment
revises the fee schedule, including travel reimbursement,
effective April 8, 2005. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY THE AUDITOR-CONTROLLER.
11. Refugee Cash Assistance Program - approval is requested to
accept and appropriate $40,000 of federal Refugee Cash
Assistance revenue. The program provides cash assistance to
southeast Asian families released from refugee camps in 2004
and residing in Butte County - action requested - APPROVE
BUDGET TRANSFER B-360 ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
12. Uniting Families Program - approval is requested to accept
and appropriate $ 7 000 of Temporary Assistance for
Needy Families Performance Incentive revenue. The funds will
be used to provide immediate health and safety assistance to
participants in the Uniting Families Program - action
requested - APPROVE BUDGET TRANSFER B-362 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
13. Northern Valley Catholic Social Service - Amendment -
approval is requested for an amendment to the agreement with
Northern Valley Catholic Social Service for the provision of
therapy services and anger management classes. The amendment
provides for the addition of Children's Services clients to
the clients served, and increases the maximum amount payable
by $35,000 (department budget) for the additional 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. X15012)
14. Private Industry Council - Amendment - approval is requested
for an amendment to the sublease agreement with the Private
Industry Council for the property located at 78 Table
Mountain Boulevard, Oroville. The amendment provides for the
addition of flat-rate janitorial services. Sufficient
appropriations remain under the contract to provide for the
additional service without an increase to the maximum
contract amount. 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. X11404)
MINUTES
PacE 3 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0507-002 15. Private Industry Council - Amendment - approval is requested
for an amendment to the sublease agreement with the Private
Industry Council for the property located at 2445 Carmichael
Drive, Chico. The amendment provides for the addition of
flat-rate janitorial services. Sufficient appropriations
remain under the contract to provide for the additional
service without an increase to the maximum contract amount.
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. X15023
16. Private Industry Council - Amendment - approval is requested
for an amendment to the sublease agreement with the Private
Industry Council for the property located at 202 Mira Loma
Drive, Oroville. The amendment provides for the addition of
flat-rate janitorial services, and clarifies billing
language. Sufficient appropriations remain under the
contract to provide for the additional service without an
increase to the maximum contract amount. 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. X13126)
17. Private Industry Council - approval is requested for an
agreement with the Private Industry Council for the provision
of CalWORKs welfare-to-work Assessment Testing and work
Experience Site Development and Enhancement Services. The
term of the agreement is January 1, 2005, through
June 30, 2005, with a maximum amount payable of $283,000
(department budget) - 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-361 ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
18. Courthouse Expansion Project - approval is requested to
accept and appropriate $54,438 received from the Superior
Court of California, County of Butte, to fund contract change
orders for the Courthouse Expansion Project - action
requested - APPROVE BUDGET TRANSFER B-365 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
19. Information Systems Electrical/Mechanical System
Upgrade - Notice of Completion - all work on the subject
project has been completed in accordance with plans and
specifications - action requested - ACCEPT CONTRACT WORK;
APPROVE THE NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO
SIGN; AND DIRECT RECORDING OF THE NOTICE.
MINUTES
PacE 4 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0507-002 20. Gregory B. Bragg & Associates, Inc. - approval is requested
by the Risk Management Division for a sole source agreement
with Gregory B. Bragg & Associates, Inc., for workers'
compensation claims adjusting and administration services.
The term of the agreement is July 1, 2005, through
June 30, 2008, with a maximum amount payable of $440,000
(department budget) for the 3 year term - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X15395)
21. Supplemental Funding - approval is requested to transfer
$11,000 from the General Fund Appropriation for Contingencies
to supplement the department's extra help allocation. The
Library is experiencing a short fall due to Americans with
Disabilities Act related accommodation requirements - action
requested - APPROVE BUDGET TRANSFER B-363 ACCEPTING AND
APPROPRIATING $11,000 FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES AS DETAILED IN THE AGENDA REPORT.
22. Donations for Books - pursuant to Government Code Section
25355, donations of $1,800 from the Chico Friends of the
Library, $1,402.60 from Dorothy Dingfelder of Chico, $895.08
from the Paradise Friends of the Library, $806.20 from the
Oroville Friends of the Library, $308.80 from the Cosmos Club
of Chico, $150 from the Paradise Garden Club, and $100 from
an anonymous donor, have been received for the Butte County
Trust Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
23. Juvenile Justice Crime Prevention Act - approval is requested
to accept the County's fiscal year 2005-2006 allocation under
the Schiff-Cardenas Crime Prevention Act. The County's per
capita distribution is $587,083, plus interest earned, and
the Juvenile Justice Coordinating Council has agreed to fund
four programs with the allocated funds. Application for
funding requires a resolution providing grant assurances -
action requested - AUTHORIZE THE CHIEF PROBATION OFFICER TO
SIGN THE APPLICATION FOR CONTINUED FUNDING; AND ADOPT
RESOLUTION 05-054 AND AUTHORIZE THE CHAIR TO SIGN.
24. Juvenile Accountability Block Grant - approval is requested
to apply to the State of California, Board of Corrections,
for funds under the fiscal year 2005-2006 Juvenile
Accountability Block Grant program. The County's allocation
is $12,814 and requires a cash match of $1,424. The
department's budget includes funds for the required match.
The grant funds programs designed to reduce juvenile
offenses through accountability-based initiatives.
Application for funding requires a resolution providing grant
assurances - action requested - AUTHORIZE THE CHIEF PROBATION
OFFICER TO SIGN ALL GRANT RELATED DOCUMENTS AND AGREEMENTS;
AND ADOPT RESOLUTION 05-055 AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 5 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0507-002 25. Victim Assistance Center Funding - approval is requested to
apply to the California Victim Compensation and Government
Claims Board for funds to help support the County's Victim
Assistance Center. The allocation is for the term of
July 1, 2005, through June 30, 2007, in the amount of
$229,410. Application for funding requires a resolution
providing grant assurances - action requested - AUTHORIZE THE
CHIEF PROBATION OFFICER TO SIGN ALL GRANT RELATED DOCUMENTS
AND AGREEMENTS; AND ADOPT RESOLUTION 05-056 AND AUTHORIZE THE
CHAIR TO SIGN.
26. Relief of Accountability - approval is requested, pursuant
to Government Code Section 29390, for relief of
accountability for $50.00 missing from the Public Health
Office in Chico, on March 8, 2005. The Auditor has reviewed
the incident and found no evidence of fraud or gross
neglect - action requested - GRANT RELIEF OF ACCOUNTABILITY.
27. Physical and Occupational Therapists - Amendments - approval
is requested for amendments to the agreements with various
physical and occupational therapists who provide services to
the clients of the California Children's Services Program.
The following amendments increase the maximum amounts payable
to reflect increased hours needed for services: Terri
Johnson - increase of $1,000; Susan McManus - increase of
$6,500; Mary Sweeney - increase of $8,500; Monica Schwartz -
increase $4,020; and Teresa wood Hansen - increase of $1,600.
Funding for the increases is available through currently
budgeted appropriations. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENTS (5) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract Nos. X14924, X14926, X14929, X14927, and X14922)
28. wastewater Issues Study - approval is requested to accept a
proposal from Questa Engineering of Point Richmond, to
perform a study and provide input on wastewater policies,
including compliance with AB 885, oversight of systems
including operation, maintenance and system replacement, and
establishment of one or more regional sanitation districts.
The proposal is the result of the Request For Proposal
process and the review committee is recommending the Board
accept the proposal from Questa Engineering in the amount of
$74,428 - action requested - ACCEPT THE PROPOSAL FROM QUESTA
ENGINEERING AND DIRECT STAFF TO NEGOTIATE AN AGREEMENT TO BE
RETURNED TO THE BOARD FOR FINAL APPROVAL.
29. Reconstruction of Garner Lane from 150-feet South of Short
Horn Drive to Keefer Road - County Project No. 61164A-04-1 -
the project consists of the reconstruction of Garner Lane,
including construction of a new storm drain leach trench
system on both the east and west sides of the roadway -
action requested - APPROVE PROJECT PLANS AND SPECIFICATIONS;
ADOPT A WAGE SCALE; AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO
ADVERTISE FOR BIDS; AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS
AND CHAIR TO SIGN PROJECT PLANS.
MINUTES
PAGE 6 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0507-002 30. Golder Associates, Inc. - approval is requested for an
agreement with Golder Associates, Inc., for the provision of
construction quality assurance and plan monitoring and
reporting associated with the construction of Module 4,
Phase B, at the Neal Road Sanitary Landfill. The term of the
agreement is April 26, 2005, through completion of the
project, with a maximum amount payable of $111,034.48 (Neal
Road Landfill Management Fund) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
31. Cascade Consulting - Amendment - approval is requested for
an amendment to the agreement with Cascade Consulting for
management of the Used Oil grant received from the California
waste Management Board. The amendment extends the term of
the agreement through August 31, 2005, and modifies the Scope
of work to include the extended term. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X15161)
32. Authorization to Pursue Right-of-Way Negotiations - Durham-
Dayton Highway Bridge Across Hamlin Slough - County Project
No. 44201-02-1; Federal Bridge Replacement Project No. BRLS-
5912(056) - approval is requested for a resolution
authorizing the Director-Public works to negotiate and enter
into agreements for the Acquisition of Real Property for
Public Road Purposes, Agreements for Temporary Construction
Easements, and Permit to Enter and Construct Improvements for
Owners Benefit for the Durham-Dayton Highway Bridge Across
Hamlin Slough project - action requested - ADOPT RESOLUTION
05-057 AND AUTHORIZE THE CHAIR TO SIGN.
33. Printrak - Amendment - approval is requested for a sole
source amendment to the agreement with Printrak for the
lease, maintenance and support of the electronic inmate
identification card and video capture station equipment in
the Butte County Jail. The term of the agreement is
April 1, 2005, through March 31, 2006, with a maximum amount
payable of $34,788 (department budget) - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
34. Inmate Medical Costs - approval is requested for a transfer
of $41,349 from the General Fund Appropriation for
Contingencies to provide the allocation needed to pay medical
expenses of inmates at the Butte County Jail which exceeded
the medical services contract maximum - action requested -
APPROVE BUDGET TRANSFER B-364 ACCEPTING AND APPROPRIATING
$41,349 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES
AS DETAILED IN THE AGENDA REPORT.
MINUTES
PAGE 7 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0307-002 35. An Ordinance Amending Butte County Code Section 2-166
Delegating Investment Authority to the Butte County
Treasurer-Tax Collector - pursuant to Government Code Section
53600 et seq., approval is requested for an ordinance which
will delegate investment authority to the Treasurer-Tax
Collector for fiscal year 2005-2006 - action requested -
ADOPT ORDINANCE 3909 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
4-12-05 [3.38] )
36. Treasury Compliance Audit - the Butte County Treasury
Oversight Committee is required to have an annual compliance
audit performed to insure County compliance with Government
Code Article 6, Section 27130 et seq. Submitted is the Audit
Report for Fiscal Year 2003-2004 and the Treasurer's response
as required by Government Code Section 27134 - action
requested - ACCEPT FOR INFORMATION.
37. Monthly Investment Report - submitted is the Monthly
Investment Report dated March 31, 2005, in accordance with
the Butte County Statement of Investment Policy dated
July 1, 2004 - action requested - ACCEPT FOR INFORMATION.
38. Annual Statement of Investment Policy - approval is
requested, pursuant to Government Code Sections 27133 and
53601, for the Annual Statement of Investment Policy which
sets forth policies regarding the investment of surplus funds
and funds under the custodianship of the Treasurer. The
policy has been reviewed by the Butte County Treasury
Oversight Committee and will become effective July 1, 2005 -
action requested - APPROVE ANNUAL STATEMENT OF INVESTMENT
POLICY.
39. Treasury Oversight Committee - action requested - CONFIRM
APPOINTMENT OF MARK SWEANY, SPECIAL DISTRICTS REPRESENTATIVE.
40. Resolution Authorizing and Approving the Borrowing of Funds
for Fiscal Year 2005-2006; the Issuance and Sale of a 2005-
2006 Tax and Revenue Anticipation Note Therefor and
Participation in the California Communities Cash Flow
Financing Program - approval is requested for a resolution
which would authorize the Auditor and Treasurer to begin
procedures to participate in the California Cash Flow
Financing Program for the 2005-2006 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 $20,000,000 - action requested - ADOPT
RESOLUTION 05-058 AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 8 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0507-002 41. State of California, Department of water Resources -
Amendment - approval is requested for an amendment to the
grant agreement with the State of California, Department of
water Resources, and Streaminders-Chapter of the Izaak Walton
League, for funds under the Urban Streams Restoration
Program. The amendment extends the term of the agreement
through May 15, 2007. 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.
42. Streaminders-Chapter of the Izaak Walton League - approval
is requested for an amendment to the agreement with
Streaminders-Chapter of the Izaak Walton League, for services
in support of the urban streams restoration program for the
Bidwell River Park Area of Big Chico Creek. The amendment
extends the term of the agreement through May 15, 2007. 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.
43. Butte County water Commission Technical Advisory Committee -
action requested - APPOINT MIKE PEMBROKE TO THE WATER
COMMISSION TECHNICAL ADVISORY COMMITTEE.
44. Butte County water Advisory Committee - action requested -
APPOINT RICK PONCIANO AND WILL JOHNSON TO THE
BUTTE COUNTY WATER ADVISORY COMMITTEE.
45. Tax Exchange Agreements Between the Lake Oroville Area Public
Utility District and the County of Butte - approval is
requested by the Lake Oroville Area Public Utility District
for a revised property tax exchange agreement between the
District and the County. Tax Exchange agreements are
required pursuant to Revenue and Taxation Code Section 99-
99.2 when the District submits an annexation application to
the Butte Local Agency Formation Commission. The revised
agreement would eliminate the need for the District and the
County to approve a Tax Exchange Agreement for each
annexation by adding language that states that no property
tax transfer will take place as the result of an annexation
until the District or the Board of Supervisors terminate the
Property Tax Agreement - action requested - APPROVE REVISED
PROPERTY TAX EXCHANGE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
MINUTES
PAGE 9 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0507-002 46. Oroville Mosquito Abatement District - action requested -
APPOINT NORM ROBERTS TO A VACATED TERM TO END
DECEMBER 12, 2005. (150)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.12 AMENDED TO
CORRECT THE AMOUNT OF THE TRANSFER FROM $70,000 TO 7 000, ITEM
3.45 AMENDED TO REMOVE THE APPOINTMENT OF ROBIN MCCOLLUM, AND THE
REMOVAL OF ITEM 3.18.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR YAMAGUCHI PRESENTS A RESOLUTION TO JUDGE DARRELL STEVENS
UPON HIS RETIREMENT FROM THE SUPERIOR COURT OF CALIFORNIA, COUNTY
OF BUTTE.
REGULAR AGENDA
0507-003 Boards, Commissions and Committees
1.
2.
(270)
Appointments to Listed Vacancies
Board Member or Committee Reports
(NONE )
(296) (NONE)
0507-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (297) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT THE MAY REVISED IS
EXPECTED TO BE RELEASED MAY 13, AND PROVIDED A REPORT ON SB 1059,
WHICH WOULD REQUIRE CITIES AND COUNTIES TO INCLUDE EASEMENTS IN
THEIR GENERAL PLAN FOR UTILITY LINES. A REQUEST FOR A LETTER OF
OPPOSITION WILL RETURN ON A SUBSEQUENT AGENDA.
0507-005 Resolution Terminating a Portion of Long's Bar Road as a Public
Highway and Establishing the Same Portion of Long's Bar Road as an
Unmaintained Recreational Access Road - consideration of a
resolution terminating the "public highway" status of the portion
of Long's Bar Road between Colina Street and the Diversion Pool,
and designating it as an unmaintained recreational road and
recreational access road - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (352)
THIS ITEM CONTINUED TO AN UNDETERMINED DATE TO ALLOW STAFF
ADDITIONAL TIME FOR STAFF TO RESEARCH PARKING OPTIONS AND POSSIBLE
ACCESS SOLUTIONS.
RECESS: 9:55 A.M.
RECONVENE : 1 0: 0 5 A. M.
MINUTES
PAGE 10
APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
REGULAR AGENDA
0507-006 Deed of Creation - presentation to the Board of the requirements
and processes for obtaining a Deed of Creation - action
requested - ACCEPT FOR INFORMATION; AND BOARD DISCUSSION AND
DIRECTION AS NEEDED. (1700) (**00)
REPORT TO THE BOARD BY MIKE CRUMP, DIRECTOR-PUBLIC WORKS, AND
YVONNE CHRISTOPHER, DIRECTOR-DEVELOPMENT SERVICES.
STAFF WILL RETURN TO THE BOARD A PROPOSAL THAT WILL HELP
STREAMLINE THIS PROCESS.
RECESS: 10:57 A.M.
RECONVENE: 11:12 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
0507-007 Timed Item - Criminal Justice System Assessment - presentation of
the Criminal Justice System Assessment final report prepared by
the Institute for Law and Policy Planning, including
recommendations which will serve as general guidelines, and
reference information to improve the effectiveness of resources
committed to the criminal justice system - action requested -
ACCEPT FINAL REPORT OF THE CRIMINAL JUSTICE SYSTEM ASSESSMENT.
(**650) (***00)
REPORT TO THE BOARD BY SEAN FARRELL, DEPUTY CHIEF ADMINISTRATIVE
OFFICER, AND DR. ALAN KALMANOFF, EXECUTIVE DIRECTOR, INSTITUTE FOR
LAW AND POLICY PLANNING.
MOTION: I MOVE TO ACCEPT THE FINAL REPORT OF THE CRIMINAL JUSTICE SYSTEM
ASSESSMENT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0507-008 Butte County Integrated water Resources Plan - consideration of a
resolution authorizing the Department of water and Resource
Conservation to finalize the Integrated water Resources Plan and
carry out the initial policy direction - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
DUE TO UNAVAILABILITY OF STAFF, THIS ITEM REMOVED FROM THE AGENDA
WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM WILL RETURN ON A
SUBSEQUENT AGENDA.
MINUTES
PAGE ll APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
0507-009 Sacramento Valley Integrated water Management Program -
consideration of a request by the Northern California water
Association to support the Sacramento Valley Integrated water
Management Program - action requested - ACCEPT FOR INFORMATION;
AND APPROVE A LETTER OF SUPPORT FOR NORTHERN CALIFORNIA WATER
ASSOCIATION'S LEADERSHIP IN THE DEVELOPMENT OF THE SACRAMENTO
VALLEY INTEGRATED WATER MANAGEMENT PLAN AND AUTHORIZE THE CHAIR TO
SIGN.
DUE TO UNAVAILABILITY OF STAFF, THIS ITEM REMOVED FROM THE AGENDA
WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM WILL RETURN ON A
SUBSEQUENT AGENDA.
0507-010 Durham-Dayton Highway Bridge Across Hamlin Slough - County Project
No. 44201-02-1; Federal Bridge Replacement Project No. BRLS-
5912(056) - Consideration of a Mitigated Negative Declaration -
the proposed project consists of removing an existing reinforced
concrete bridge located on Durham-Dayton Highway and constructing
a 121-foot long, four span reinforced concrete flat slab type
highway bridge and reconstructing approximately 900 lineal feet of
roadway - action requested - STAFF RECOMMENDS THE BOARD TAKE THE
FOLLOWING ACTION:
1. FIND THAT THE ENVIRONMENTAL DOCUMENTS FOR THE PROJECT
IDENTIFIED POTENTIALLY SIGNIFICANT EFFECTS ON THE ENVIRONMENT
THAT WILL BE MITIGATED AS DETAILED IN THE AGENDA REPORT; AND
2. SUBJECT TO FINDINGS A AND B, AS DETAILED IN THE AGENDA REPORT
DATED APRIL 12, 2005, ADOPT THE MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATIONS
3.3.1 THROUGH 3.11.1 AND AUTHORIZE THE CHAIR TO SIGN.
(***570)
MOTION: I MOVE TO FIND THAT THE ENVIRONMENTAL DOCUMENTS FOR THE PROJECT
IDENTIFIED POTENTIALLY SIGNIFICANT EFFECTS ON THE ENVIRONMENT THAT
WILL BE MITIGATED AS DETAILED IN THE AGENDA REPORT; AND SUBJECT TO
FINDINGS A AND B, AS DETAILED IN THE AGENDA REPORT DATED
APRIL 12, 2005, FURTHER MOVE TO ADOPT THE MITIGATED NEGATIVE
DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATIONS
3.3.1 THROUGH 3.11.1 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0507-011 Items Removed from the Consent Agenda for Board Consideration and
Action. (***674) (NONE)
PUBLIC COMMENT
0507-012 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. (***678) (NONE)
MINUTES
PAGE 12 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
CLOSED SESSION
MINUTES -APRIL 26, 2005
0507-013 RECESS: THE BOARD RECESSED AT 12:49 P.M., TO A CLOSED
SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE
PERFORMANCE EVALUATIONS, INCLUDING GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957:
DIRECTOR-BEHAVIORAL HEALTH AND CHIEF PROBATION
OFFICER; A CLOSED SESSION CONFERENCE WITH LEGAL
COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) 1. PROJECT
2100-FERC INTERVENTION, 2. ALAMEDA COUNTY ET
AL. V. DEPARTMENT OF WATER RESOURCES; AND A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING INITIATION OF LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(0): ONE POTENTIAL
CASE. (***687)
RECESS: THE BOARD RECONVENED AT 2:07 P.M., FROM A CLOSED
SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE
PERFORMANCE EVALUATIONS, INCLUDING GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957:
DIRECTOR-BEHAVIORAL HEALTH AND CHIEF PROBATION
OFFICER; A CLOSED SESSION CONFERENCE WITH LEGAL
COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) 1. PROJECT
2100-FERC INTERVENTION, 2. ALAMEDA COUNTY ET
AL. V. DEPARTMENT OF WATER RESOURCES; AND A
CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL
REGARDING INITIATION OF LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(0): ONE POTENTIAL
CASE. (***721)
r~~ ,~ a~~ `>~~~300~`sJ
__~~~o THE BOARD VOTED UNANIMOUSLY TO RATIFY THE FILING
OF LITIGATION, WHICH WAS FILED YESTERDAY IN
SACRAMENTO SUPERIOR COURT, AGAINST THE DEPARTMENT
OF WATER RESOURCES REGARDING THE HYATT-THERMALITO
POWER GENERATION AND HOW COSTS ARE ALLOCATED
AMONG THE CONTRACTORS.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:08 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, MAY 10, 2005.
KIM K. YAMAGUCHI, CHAIR
MINUTES PacE 13 APRIL 26, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 26, 2005
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
MINUTES PacE 14 APRIL 26, 2005