HomeMy WebLinkAboutM042704BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
Called to order at 9:04 a.m., in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Houx, Josiassen, Yamaguchi and Chair
Beeler. Also present: Paul McIntosh, Chief Administrative
Officer; Bruce Alpert, County Counsel; and Dorothy Bell, 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. (2 8)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
0408-001 1. Hazardous Material Disposal Budget Transfer - approval is
requested for a budget transfer of $10,000 from the General
Fund Appropriation for Contingencies to fund the disposal of
a recreational vehicle and travel trailer which were
contaminated with hazardous substances and abandoned on a
County road - action requested - APPROVE BUDGET TRANSFER B-
346 (4 /5 vote required) ACCEPTING AND APPROPRIATING $10,000
FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS
DETAILED IN THE AGENDA REPORT.
2. Resolution in Recognition of Robert H. Dobis upon His
Retirement from the Department of Public works - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION.
3. Resolution in Recognition of Gerald Hightower upon His
Retirement from the Department of Public works - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION.
CONSENT AGENDA
0408-002 1. Budget Transfer - approval is requested to transfer $4,000
of Forensic Resource Team (FOREST) funds between department
budget line items to help fund residential services for
clients in the FOREST program - action requested - APPROVE
BUDGET TRANSFER B-344 TRANSFERRING AND APPROPRIATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
PAGE 1 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
0408-002 2. Caminar, Inc. - Amendment - approval is requested for an
amendment to the agreement with Caminar, Inc., for the
provision of vocational experience and employment support
services to referred clients. The amendment revises the
financial summary for fiscal year 2003-2004 and decreases the
maximum amount payable by $1.10 as a result of that revision.
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. X14709)
3. Oroville Hospital - Amendment - approval is requested for an
amendment to the agreement with Oroville Hospital for the
provision of medical evaluation services for individuals
prior to admission to the Psychiatric Health Facility. The
amendment increases the emergency room evaluation costs by
$100 per visit, but does not increase the overall maximum
amount payable of the agreement. 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. X14786)
4. Resolution in Recognition of Butte County's "Mother Orange
Tree" - Supervisor Beeler, at the request of the Butte County
Historical Society and City of Oroville Parks Department, is
requesting the Board adopt a resolution in recognition of
Butte County's "Mother Orange Tree" - action requested -
ADOPT RESOLUTION 04-058 AND AUTHORIZE THE CHAIR TO SIGN.
5. Approval of Minutes - action requested - APPROVE MINUTES OF
DECEMBER 16, 2003.
6. Relief of Accountability - approval is requested for relief
of accountability for a fixed asset laser printer transferred
to surplus without necessary paperwork. The Chief
Investigator of the department and the Auditor-Controller
have reviewed the request - action requested - GRANT RELIEF
OF ACCOUNTABILITY.
PAGE 2 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
0408-002 7. General Assistance Rate Increase and Funding Increase -
approval is requested for a resolution which will set the
General Assistance rate at $289.00 per month in accordance
with welfare and Institutions Code Section 17000.5, and adopt
the revised General Assistance regulations reflecting
approved rate changes effective May 1, 2004. The department
estimates the annual cost increase will be $52,000. Board
approval is also requested to increase the funding for the
program as a result of the rate adjustment, increases in
assistance cases, and declining reimbursements. The
department is requesting the Board authorize additional
funding in the amount of $261,000, which will be provided by
a transfer from the Severely Emotionally Disturbed budget
unit and by acceptance of unanticipated welfare Fraud
Incentive revenue - action requested - ADOPT RESOLUTION 04-
059 SETTING THE MAXIMUM GENERAL ASSISTANCE RATE AND ADOPTING
REGULATIONS REFLECTING THE APPROVED RATE CHANGE EFFECTIVE
MAY 1, 2004, AND AUTHORIZE THE CHAIR TO SIGN; APPROVE
INCREASE TO GENERAL ASSISTANCE BUDGET; AND APPROVE BUDGET
TRANSFER B-345 (4/5 vote required) TRANSFERRING, ACCEPTING
AND ALLOCATING DEPARTMENT BUDGET FUNDS AND UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
8. Private Industry Council - approval is requested for a
revenue agreement with the Private Industry Council for funds
to support the County's provision of job search services to
non-CalWORKs job seekers. The term of the agreement is
July 1, 2003, through March 31, 2005, with a maximum amount
payable to the County of $300,000 for fiscal year 2003-2004,
and $50,000 for fiscal year 2004-2005 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
9. RRM Design Group - Amendment - approval is requested for an
amendment to the agreement with RRM Design Group for the
provision of architectural services for the Butte County Fire
Station No. 42 Relocation Capital Project. The amendment
extends the term of the agreement to June 30, 2004, to allow
additional time to complete the contracted phase of the
project. 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.
10. Associated Building Contractors - approval is requested to
award an agreement to Associated Building Contractors of
Oroville, for construction activities required to remodel the
facilities located at 18 County Center Drive, Suites A and
B, Oroville. The facilities are utilized by the Behavioral
Health Department. The agreement is the result of an
Invitation For Bid, with Associated Building Contractors of
Oroville being the lowest qualified bidder in the amount of
$359,700 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X14816)
PacE 3 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
0408-002 11. The Zahn Group, Inc. - approval is requested for an agreement
with The Zahn Group, Inc., for project management services
for the Courthouse Expansion Project. The term of the
agreement is 360 days from the date of approval, with a
maximum amount payable of $99,975.50. Funding for the
agreement will be provided by the project budget, and Board
approval is also requested for a transfer of $20, 000 from the
Criminal Justice Temporary Construction Fund to the project
budget to provide the remaining needed appropriation. The
agreement is the result of a Request For Proposal - action
requested - APPROVE BUDGET TRANSFER B-347 (4 /5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
12. Emergency Management Performance Grant Program - approval is
requested to apply to the Office of Homeland Security for
funding under the Fiscal Year 2004 Emergency Management
Performance Grant Program. The Butte County Operational Area
has been allocated $50,112 to support activities that
contribute to the mitigation, prevention, response and
recovery from natural and/or man-made emergencies and
disasters - action requested - ADOPT RESOLUTION 04-061
APPROVING GRANT APPLICATION AND SUBGRANTEE ASSURANCES AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE GENERAL
SERVICES DIRECTOR AND/OR EMERGENCY SERVICES OFFICER TO SIGN
GRANT DOCUMENTS.
13. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: DISTRICT ATTORNEY-CRIMINAL - extends the sunset
date of one position of Legal Typist Clerk to
June 30, ~-6-6-~-~ 2005. SHERIFF-CORONER-SERVICES - extends the
position end dates of one term position of Deputy Sheriff,
and one sunset position of Sheriff's Clerk to June 30, 2005.
SHERIFF-CORONER-FORENSIC SERVICES TEAM - extends the sunset
date of one position of Administrative Analyst I to
October 29, 2004. SHERIFF-CORONER-SPECIAL ENFORCEMENT UNIT -
extends the sunset date of one position of Deputy Sheriff to
June 30, 2005. PUBLIC HEALTH-GENERAL SERVICES - extends the
sunset dates for the following positions to June 30, 2005:
Program Manager-Butte County Children and Families
Commission, Administrative Services Assistant/Office
Assistant III, Administrative Services Assistant, Public
Health Nurse III/I/I (2 positions), Staff Nurse
III/II/I/Licensed Vocational Nurse, Health Education
Specialist III/II/I, Public Health Assistant II/I,
Administrative Analyst III/I/I (4 positions), Information
Systems Analyst III/II/I, Information Systems Technician
II/I, and Office Assistant III/II/I - action requested -
ADOPT RESOLUTION 04-061 AND AUTHORIZE THE CHAIR TO SIGN.
PacE 4 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
0408-002 14. Accept Unanticipated Revenue - approval is requested to
accept and appropriate $8,550 received from the California
Department of Education - action requested - APPROVE BUDGET
TRANSFER B-348 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
15. Library Donation - pursuant to Government Code Section 25355,
a donation of $100 from Robert and Ellen Babb of Palermo has
been received for the Butte County Trust Fund for the
purchase of books - action requested - ACCEPT DONATION AND
AUTHORIZE LETTER OF APPRECIATION.
16. Library Donation - pursuant to Government Code Section 25355,
a donation of $953.57 from the Paradise Friends of the
Library Group has been received for extra help support staff
at the Paradise Library. Board approval is requested to
accept the donation and approve the appropriation of the
funds - action requested - ACCEPT DONATION AND AUTHORIZE
LETTER OF APPRECIATION; AND APPROVE BUDGET TRANSFER B-349
(4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
17. Small Business Initiative Grant - approval is requested to
apply to the California State Library for participation in
the Small Business Initiative Grant Program. The program is
designed to provide services to small businesses. If awarded
the grant, the Library will be provided a package of services
and must agree to participate in training sessions and to
involve local small businesses in the project. A cash value
is not attached to the grant - action requested - APPROVE
SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE DIRECTOR
OF LIBRARIES TO SIGN.
18. 2004-2005 Victim/witness Program Grant - approval is
requested to apply to the California Victim Compensation and
Government Claims Board for $114,705 to be utilized to
verify and process victim claims, and provide victim advocacy
services - action requested - ADOPT RESOLUTION 04-062
APPROVING APPLICATION FOR FUNDING AND AUTHORIZE THE CHAIR TO
SIGN; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN ALL
RELATED DOCUMENTS.
19. Juvenile Justice Crime Prevention Act - approval is requested
for a resolution which will authorize the Chief
Administrative Officer to submit and/or sign Butte County's
application for approval for the County's Comprehensive
Multi-agency Juvenile Justice Plan Modification and related
documents, and gives assurances regarding the County's plan
and adherence to the program guidelines - action requested -
ADOPT RESOLUTION 04-063 AND AUTHORIZE THE CHAIR TO SIGN.
PAGE 5 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -APRIL 27, 2004
0408-002 20. 2004-2005 Funeral Burial/Domestic Violence Agreement -
approval is requested for a resolution which will authorize
the County to contract with the Victim Compensation and
Government Claims Board (VCGCB) to establish a process by
which the County may pay verified funeral/burial expenses
when a provider of services is unwilling to wait for
reimbursement through the normal claims payment process. The
VCGCB has allocated $40,000 to the County for this program
for fiscal year 2004-2005 - action requested - ADOPT
RESOLUTION 04064 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN; AND AUTHORIZE THE CHIEF PROBATION OFFICER TO SIGN
ALL RELATED DOCUMENTS.
21. Health Management Systems, Inc. - Amendment - approval is
requested for an amendment to the agreement with Health
Management Systems, Inc., for the provision of computerized
billing. The amendment provides for assignment of the
agreement to Accordis, Inc., a subsidiary of Health
Management Systems, Inc. - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11682)
22. Gina Lynne Burris - Amendment - approval is requested for an
amendment to the agreement with Gina Lynne Burris for the
provision of licensed therapy services to clients of the
California Children's Services Program. The amendment
increases the maximum amount payable by $2,100 (department
budget) for additional services needed. 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. X14218)
23. Hanover, Incorporated - approval is requested for an
agreement with Hanover, Incorporated for the installation of
new monitoring wells, water sampling, and required reporting
for properties in the Nitrate Compliance Plan area. The term
of the agreement is May 1, 2003, through June 30, 2005, with
a maximum amount payable of $113,461.10 (County Service Area
No. 14 budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
24. Resolution in Recognition of J.C. Haltiwanger upon His
Retirement from the Department of Public works - action
requested - ADOPT RESOLUTION 04-065 AND AUTHORIZE THE CHAIR
TO SIGN.
PAGE 6
APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
0408-002 25. Oroville Quincy Highway (CA 119) Reconstruction Project -
approval is requested for a resolution which will authorize
the Director of Public works to negotiate and sign the
Agreement for Acquisition of Real Property for Road Purposes,
Agreement for Temporary Construction Easements, and Permit
to Enter and Construct Improvements for Owners Benefits for
the Oroville Quincy Highway (CA 119) Reconstruction Project -
action requested - ADOPT RESOLUTION 04-066 AND AUTHORIZE THE
CHAIR TO SIGN.
26. County Service Area No. 141 (Mountain Oaks Subdivision) -
approval is requested for a resolution which will direct
commencement of the procedures required to impose an
increased annual service charge for County Service Area (CSA)
No. 141 (Mountain Oaks Subdivision), and sets a public
hearing for consideration of such increase for Tuesday,
July 27, 2004, at 10:30 a.m. - action requested - ADOPT
RESOLUTION 04-067 AND AUTHORIZE THE CHAIR TO SIGN.
27. Changes to County Maintained Mileage - approval is requested
for a resolution which will certify the annual additions or
exclusions from the mileage of maintained County roads
pursuant to the Streets and Highways Code and the CalTrans
Local Assistance Procedures Manual. The total mileage of
maintained County roads is 1,351.88, a reduction of 4.05
miles from the 2003 certified mileage. The reduction is
primarily a result of annexations to other local
jurisdictions - action requested - ADOPT RESOLUTION 04-068
AND AUTHORIZE THE CHAIR TO SIGN.
28. Budget Transfer - approval is requested for a transfer of
$47,547 of California Integrated waste Management Board grant
funds between department budget line items to correct a
budget line item allocation error. The funds were
inadvertently allocated to the Solid waste budget unit and
need to be reallocated to the Recycling/Grant budget unit -
action requested - APPROVE BUDGET TRANSFER B-350 (4 /5 vote
required) TRANSFERRING AND ALLOCATING FUNDS AS DETAILED IN
THE AGENDA REPORT.
29. Countywide Bikeway Master Plan - approval is requested for
a resolution which will adopt the Countywide Bikeway Master
Plan approved by the Board in October 1998. The re-adoption
of the plan will allow the County to apply to the State of
California for Bicycle Transportation Account funds pursuant
to Streets and Highways Code Section 891.2 - action
requested - ADOPT RESOLUTION 04-069 AND AUTHORIZE THE CHAIR
TO SIGN.
PAGE 7 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
0408-002 30. Reconstruction of Holland Avenue from Faber Street to Durham-
Dayton Highway/Construction of a New Storm Drain from 250'
South of Florida Lane to Just North of Durham Street - the
project consists of the rehabilitation of Holland Avenue,
including the addition of curbs, gutters and a sidewalk on
the west side of Holland Avenue, and the construction of a
storm drain system from Florida Lane to Durham Street. The
project estimate is $492,000 - action requested - APPROVE
PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE
THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS.
31. Construction of the Module 4 Access Road at the Neal Road
Sanitary Landfill - Contract Change Order (CCO) Nos. 1 and
2 - CCO No. 1, in the increasing amount of $5,620, provides
for the extra work needed to install a culvert and inlet for
the access road. CCO No. 2, in the increasing amount of
$55,000, provides for additional access paving and road
improvements in and around the entrance and scale facilities.
Funding for the changes is available in the Landfill
Enterprise Fund - action requested - APPROVE CCO NOs. 1 AND
2 AND AUTHORIZE THE CHAIR TO SIGN.
32. Resolution in Recognition of Deputy Dale Wyrauch upon His
Retirement from the Butte County Sheriff's Office - action
requested - ADOPT RESOLUTION 04-070 AND AUTHORIZE THE CHAIR
TO SIGN.
33. Monthly Investment Report - submitted is the Monthly
Investment Report dated March 31, 2004, in accordance with
the Statement of Investment Policy dated July 1, 2003 -
action requested - ACCEPT FOR INFORMATION.
34. Resolution Declaring May 3-9, 2004, Mosquito and Vector
Control and west Nile Virus Awareness week - the Butte County
Mosquito and Vector Control District is requesting the Board
adopt the resolution - action requested - ADOPT RESOLUTION
04-071 AND AUTHORIZE THE CHAIR TO SIGN.
35. Resolution Proclaiming May 2004 as Older Americans Month -
the Butte County members of the Advisory Council to PSA 3 -
Area Agency on Aging are requesting the Board adopt the
resolution - action requested - ADOPT RESOLUTION 04-072 AND
AUTHORIZE THE CHAIR TO SIGN.
36. Oroville Mosquito Abatement District - action requested -
REAPPOINT JEAN PRATT AND STEVE LAWRENCE TO TERMS TO END
DECEMBER 31, 2005.
37. Gridley-Biggs Cemetery District - action requested -
REAPPOINT LARENCE D. HAMMAN, TRUSTEE, TO A TERM TO END
MAY 1, 2008.
PAGE 8 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
0408-002 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.14
AMENDED TO CORRECT THE TERM ENDING DATE FOR A LEGAL
TYPIST CLERK POSITION FROM 2004 TO 2005, AND THE
REMOVAL OF ITEMS 3.10, 3.25 AND 3.27.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR BEELER PRESENTS A RESOLUTION PROCLAIMING MAY AS OLDER
AMERICANS MONTH TO CHARLES HANSEN, AREA AGENCY ON AGING.
CHAIR BEELER PRESENTS A RESOLUTION DECLARING MAY 3-9, 2004, AS
MOSQUITO AND VECTOR CONTROL AND WEST NILE VIRUS AWARENESS WEEK TO
CHARLOTTE MCCORD, BUTTE COUNTY MOSQUITO AND VECTOR CONTROL
DISTRICT.
CHAIR BEELER PRESENTS A RESOLUTION OF RECOGNITION TO J.C.
HALTIWANGER UPON HIS RETIREMENT FROM THE DEPARTMENT OF PUBLIC
WORKS.
CHAIR BEELER PRESENTS A RESOLUTION OF RECOGNITION TO DALE WYRAUCH
UPON HIS RETIREMENT FROM THE BUTTE COUNTY SHERIFF'S OFFICE.
REGULAR AGENDA
0408-003 Boards, Commissions and Committees. (420)
1. Board Member or Committee Reports. SUPERVISOR JOSIASSEN
STATED THAT MR. MCINTOSH WILL PROVIDE THE UPDATE REGARDING
THE CSAC NEGOTIATIONS WITH THE GOVERNOR.
2. Appointments to Listed Vacancies. (NONE)
3. County of Butte Indian Gaming Local Community Benefit
Committee - action requested - APPOINT STEVE JERNIGAN, GORDON
ANDOE, AND JACK BERRY, CITY OF OROVILLE REPRESENTATIVES; AND
APPOINT GARY ARCHULETA AND JIM EDWARDS, REPRESENTATIVES OF
A MAJORITY OF TRIBES PAYING INTO THE INDIAN GAMING SPECIAL
DISTRIBUTION FUND.
MOTION: I MOVE TO APPOINT STEVE JERNIGAN, GORDON ANDOE, AND JACK BERRY,
CITY OF OROVILLE REPRESENTATIVES; AND APPOINT GARY ARCHULETA AND
JIM EDWARDS, REPRESENTATIVES OF A MAJORITY OF TRIBES PAYING INTO
THE INDIAN GAMING SPECIAL DISTRIBUTION FUND.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0408-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (474) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, PROVIDES THE BOARD WITH AN UPDATE ON THE
STATUS OF NEGOTIATIONS FOR A RESOLUTION TO THE STATE'S BUDGET
ISSUES AS FAR AS IT ADDRESSES LOCAL GOVERNMENT.
PAGE 9 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -APRIL 27, 2004
0408-004 1. Resolution Authorizing the Implementation of a Retirement
Incentive Program - consideration of a resolution adopting
the Public Agency Retirement System (PARS) Trust, including
the PARS Separation Incentive Plan and authorizing the
Chief Administrative Officer to implement a retirement
incentive program with PARS for the purpose of reducing
staffing levels without excessive layoffs while meeting the
financial goals of the county with minimum disruption to the
effective management of county operations - action
requested - ADOPT RESOLUTION ADOPTING THE PARS TRUST AND
AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER TO ENTER INTO
THE NECESSARY AGREEMENT(S) TO IMPLEMENT A RETIREMENT
INCENTIVE PROGRAM WITH PARS AND ACT AS THE PLAN
ADMINISTRATOR, AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 04-073 ADOPTING THE PARS TRUST AND
AUTHORIZING THE CHIEF ADMINISTRATIVE OFFICER TO ENTER INTO THE
NECESSARY AGREEMENT(S) TO IMPLEMENT A RETIREMENT INCENTIVE PROGRAM
WITH PARS AND ACT AS THE PLAN ADMINISTRATOR, AND AUTHORIZE THE
CHAIR TO SIGN.
S M
VOTE: l Y 2 N 3 Y 4 Y 5 Y (Motion Carried)
2. Department Head Salaries - requested is the deferral of the
department head pay for performance program for the 2004-05
fiscal year. Department Heads would continue to receive
performance evaluations but would not receive any salary
adjustment unless they are under the 2003 benchmark for the
position and an increase is warranted by performance. A
salary reduction could occur if performance was not equal to
that rated in 2003 - action requested - DEFER THE DEPARTMENT
HEAD PAY FOR PERFORMANCE PROGRAM FOR THE 2004-05 FISCAL YEAR.
MOTION: I MOVE TO DEFER THE DEPARTMENT HEAD PAY FOR PERFORMANCE PROGRAM
FOR THE 2004-05 FISCAL YEAR.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS
RECONVENE
9:55 a.m.
10:05 a.m.
PAGE 10
APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
REGULAR AGENDA
0408-004 Veterans' Memorial Park Expansion Site Feasibility Study Final
Report - presentation of a feasability study regarding acquisition
and development of three parcels adjacent to the Oroville
Veterans' Memorial Hall for construction of a Veterans' Memorial
Park and additional parking space - action requested - ACCEPT
FINAL REPORT; AND DIRECT STAFF TO MEET WITH THE CITY OF OROVILLE
REGARDING THE IMPLEMENTATION OF PHASE ONE, INCLUDING SITE
OWNERSHIP, PROJECT MANAGEMENT AND THE TRANSFER OF PROPOSITION 12
FUNDING TO THE CITY FOR THE PROJECT. (1716) (**00)
MOTION: I MOVE TO ACCEPT THE FINAL REPORT; AND DIRECT STAFF TO MEET WITH
THE CITY OF OROVILLE REGARDING THE IMPLEMENTATION OF PHASE ONE,
INCLUDING SITE OWNERSHIP, PROJECT MANAGEMENT AND THE TRANSFER OF
PROPOSITION 12 FUNDING TO THE CITY FOR THE PROJECT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS : 10:55 a . m .
RECONVENE : 1 1: 0 5 a. m.
PUBLIC HEARINGS AND TIMED ITEMS
0408-005 Continued Public Hearing - Tentative Parcel Map Appeal - Ruddy
Creek Partnership - consideration of an appeal of a mitigation
measure for a Tentative Parcel Map to divide a 17.8± acre parcel
into four 1.1± acre parcels for residential development, and a
remainder parcel of 13.4± acres. This is a project on which
notice of intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given. Sewage
disposal and domestic water services would be through the
Thermalito Irrigation District (TID) Parcels 2, 3, and 4 would
front on 18t'' Street. Parcel 1, a corner lot, would front on both
18t'' Street and Feather Avenue. The remainder parcel would front
on Feather Avenue. The remainder parcel would ultimately be
developed with an 87-space mobile home park. The property is
zoned A-R (Agricultural Residential) and is located on the
southeast corner of Feather Avenue and 18t'' Street, Thermalito, and
identified as APN 030-360-082, 083, 084 (SB [T PM 03-26]) - action
requested - STAFF RECOMMENDS THE BOARD DENY THE APPEAL TO
ELIMINATE MITIGATION MEASURE NO. 2. (FROM 4-13-04 [5.01]) (**741)
PUBLIC HEARING RECONVENED AT 11:06 A.M., AND CONTINUE OPEN TO AN
UNDETERMINED DATE TO ALLOW THE PROJECT TO BE RETURNED TO THE
PLANNING COMMISSION TO HAVE THE INITIAL STUDY RE-CIRCULATED TO
ADDRESS THE TREE REQUIREMENT ISSUE.
PAGE ll APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
0408-006 Public Hearings - Community Development Block Grant (CDBG)
Program:
PUBLIC HEARING OPENED: 12:13 A.M.
PUBLIC HEARING CLOSED: 12:22 A.M.
1. Consideration of Amendments to the Butte County Re-Use Plan -
the CDBG Re-Use Plan establishes the guidelines, policies,
and procedures for the administration and utilization of
Program Income received under the State Community Development
Block Grant Program. Approval is requested for an amendment
to the previously adopted Re-Use Plan to comply with recent
changes to CDBG Program guidelines. The proposed amended
plan would allow the County three alternatives for
substantially expending Program Income - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 04-074 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Consideration of a Transfer of Program Income - approval is
requested for a resolution amending CDBG Grant No. 02-EDBG-
874, and authorizing the allocation of CDBG Program Income
for previously approved activities as follows:
A. $170,000 in CDBG Program Income from the Housing
Allocation Revolving Loan Account into open Grant No.
02-EDBG-874, for previously approved activities
associated with the Butte County Business Incubator
Program; and
B. $50,000 in CDBG Program Income from the Housing
Allocation Revolving Loan Account into open Grant No.
02-EDBG-874, for previously approved activities
associated with the Southside Oroville Community Center
Project .
Action requested - APPROVE BUDGET TRANSFER B-351 (4/5 vote
required); AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN. (**3661) (***00)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-351 AND ADOPT RESOLUTION
04-075 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PAGE 12 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
REGULAR AGENDA
0408-007 Application for Transportation Enhancement Activities Fund -
consideration of the selection of two projects for submission to
the Butte County Association of Governments for Transportation
Enhancement Activities funding - action requested - AUTHORIZE AND
DIRECT THE PUBLIC WORKS DEPARTMENT TO SUBMIT THE TOP TWO PRIORITY
PROJECTS TO THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS.
(***363)
MOTION: I MOVE TO AUTHORIZE AND DIRECT THE PUBLIC WORKS DEPARTMENT TO
SUBMIT THE TOP TWO PRIORITY PROJECTS, WITH AN AMENDMENT TO PROJECT
TWO TO INCLUDE THE SIDEWALK PROJECT ON LOWER WYANDOTTE, TO THE
BUTTE COUNTY ASSOCIATION OF GOVERNMENTS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0408-008 Lake Oroville Federal Energy Regulatory Commission (FERC) Project
2100 - Agreement - consideration of approval of an "Agreement
Concerning the Use of Communication Made During Settlement
Negotiations" - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (***888)
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE : l Y 2 Y 3 Y 4 Y 5 Y
0408-009 Items Removed from the Consent Agenda for Board Consideration and
Action.
1. Hazardous Material Disposal Budget Transfer - approval is
requested for a budget transfer of $10,000 from the General
Fund Appropriation for Contingencies to fund the disposal of
a recreational vehicle and travel trailer which were
contaminated with hazardous substances and abandoned on a
County road - action requested - APPROVE BUDGET TRANSFER B-
346 (4/5 vote required) ACCEPTING AND APPROPRIATING $10,000
FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS
DETAILED IN THE AGENDA REPORT.
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-346 ACCEPTING AND
APPROPRIATING $10,000 FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES AS DETAILED IN THE AGENDA REPORT.
S K
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PacE 13 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
PUBLIC COMMENT
0408-010 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. (***1162) (NONE)
CLOSED SESSION
0408-009 RECESS: THE BOARD RECESSED AT 12:50 P.M., TO A CLOSED SESSION
CONFERENCE REGARDING 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. CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) BUTTE COUNTY EMPLOYEES' ASSOCIATION
V. BUTTE COUNTY (NO. SA-CE-221-M); BUTTE COUNTY
EMPLOYEES' ASSOCIATION V. BUTTE COUNTY (NO. SA-CE-186-
M); AND BUTTE COUNTY EMPLOYEES' ASSOCIATION V. BUTTE
COUNTY (NO. SA-CE-187-M) (***1126)
RECONVENE: THE BOARD RECONVENED AT 12:50 P.M., FROM A CLOSED
SESSION CONFERENCE REGARDING 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. CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) BUTTE COUNTY EMPLOYEES' ASSOCIATION
V. BUTTE COUNTY (NO. SA-CE-221-M); BUTTE COUNTY
EMPLOYEES' ASSOCIATION V. BUTTE COUNTY (NO. SA-CE-186-
M); AND BUTTE COUNTY EMPLOYEES' ASSOCIATION V. BUTTE
COUNTY (NO. SA-CE-187-M) (***1182) (NO ANNOUNCEMENT)
PacE 14 APRIL 27, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -APRIL 27, 2004
ADJOURNMENT THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 4:05 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, MAY 13, 2004, AT 9:00 A.M.
R.J. BEELER, CHAIR
Attest:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By.
PAGE 15 APRIL 27, 2004