HomeMy WebLinkAboutM080205BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 2, 2005
Called to order at 9:05 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. (4 6)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
0513-001
1. Tittle & Company, LLP - approval is requested for an
agreement with Tittle & Company, LLP, for the provision of
a mandatory audit of the Abandoned Vehicle Abatement Joint
Powers Authority financial records. The term of the
agreement is from the date of execution through
December 31, 2005, with a maximum amount payable of $4,200.
Funding for the agreement is available in the funds to be
disbursed by the Joint Powers Authority, and approval is
requested for a transfer to provide the appropriation
needed - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND APPROVE A BUDGET TRANSFER (4 /5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
AT THE REQUEST OF THE DEVELOPMENT SERVICES DEPARTMENT, THIS
ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. THE ITEM WILL RETURN ON A SUBSEQUENT AGENDA.
CONSENT AGENDA
0513-002
MINUTES
1. Megabyte Systems Inc. - approval is requested for an
agreement with Megabyte Systems Inc., for the provision of
software maintenance and support of the Butte County Property
Tax System and web services for the Tax Collector's Office.
The term of the agreement is July 1, 2005, through
June 30, 2006, with a maximum amount payable of $8,570.84 per
month (Assessor/Auditor/Tax Collector budgets) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X14901)
PAGE 1 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-002 2. Appropriation Limit Calculation for Fiscal Year 2005-2006 -
approval is requested for resolutions (2), pursuant to
Government Code Section 7910, which will establish the
appropriation limit for the County of Butte, and for all
special districts under the control of the Board of
Supervisors for fiscal year 2005-2006 - action requested -
ADOPT RESOLUTIONS 05-094 AND 05-095 AND AUTHORIZE THE CHAIR
TO SIGN.
3. Butte County Association of Governments - approval is
requested for an agreement with the Butte County Association
of Governments (BCAG) for the County's provision of services
to support BCAG's operation of the Butte Regional Transit
System. The term of the agreement is July 1, 2005, through
June 30, 2006, and will be renewed on an annual basis
beginning July 1, 2006, unless terminated by either party.
BCAG will reimburse the County for services rendered - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL.
4. Caminar Inc. - approval is requested for a sole source
agreement with Caminar Inc., for the provision of vocational
and employment services for referred clients. The term of
the agreement is July 1, 2005, through June 30, 2006, with
a maximum amount payable of $224,557.90 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
5. Harvey Tullin, M.D. - approval is requested for a sole source
agreement with Harvey Tullin, M.D., for the provision of
medical services in the specialized field of psychiatry. The
term of the agreement is July 1, 2005, through June 30, 2006,
with a maximum amount payable of $77,425 (department
budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
6. Butte County Public Health Department - Amendment - approval
is requested for an amendment to the Memorandum of
Understanding with the Public Health Department for staff to
provide child health screening and assessment services for
severely emotionally disturbed children. The amendment
extends the term of the agreement through June 30, 2006, and
increases the maximum amount payable by $88,119 (department
budget) for 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. X13710)
MINUTES
PAGE 2 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-002 7. Butte County Public Health Department - Amendment - approval
is requested for an amendment to the Memorandum of
Understanding with the Public Health Department for services
to support System of Care programs. The amendment extends
the term of the agreement through June 30, 2006, and
increases the maximum amount payable by $90,000 (department
budget) for 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. X11980)
8. State of California, Department of Alcohol and Drug
Programs - approval is requested for a grant agreement with
the State of California, Department of Alcohol and Drug
Programs, for funds to support Safe and Drug Free Schools
programs. The term of the agreement is January 1, 2003,
through December 31, 2005, with a maximum amount payable to
the County of $626,000. The maximum amount payable to the
County for Project Year 3 (January 1, 2005, through
December 31, 2005) is $226,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
R40541)
9. Community Development Block Grant Program - Budget Transfer -
approval is requested to transfer $578 of Community
Development Block Grant (CDBG) Program Income remaining from
the Veterans' Hall Expansion Plan Study, back to the County' s
Housing Rehabilitation Loan Program, Fund 0143, as provided
by State CDBG guidelines - action requested - APPROVE A
TRANSFER OF PROGRAM INCOME AS DETAILED IN THE AGENDA REPORT.
10. Public Financial Management, Inc. - Amendment - approval is
requested for an amendment to the agreement with Public
Financial Management, Inc., for the preparation of financial
planning documents for State loan and grant applications in
support of the Chico Urban Area Nitrate Compliance Program.
The amendment extends the term of the agreement through
June 30, 2007, and increases the maximum amount payable by
$20,000 (County Service Area No. 114 budget). 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. X11441)
11. Approval of Minutes - action requested - APPROVE MINUTES OF
JUNE 22, 2004, MARCH 22, 2005, APRIL 12, 2005, AND
APRIL 26, 2005, WITH THE NOTATION THAT SUPERVISOR CONNELLY
WILL ABSTAIN FROM APPROVAL OF THE 2004 MINUTES.
MINUTES
PAGE 3 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-002 12. Durham Unified School District - the district submits
Resolution No. 04-13-05, ordering an election to determine
if the trustee areas in the Durham Unified School District
should be abolished, and requesting consolidation of the
election with the statewide Special Election to be held
November 8, 2005 - action requested - APPROVE CONSOLIDATION.
13. Special Districts - the following special districts have
submitted resolutions and notices ordering general district
elections for director positions and requesting consolidation
of the elections with the statewide Special Election to be
held November 8, 2005: Berry Creek Community Services
District, Buzztail Community Services District, Richardson
Springs Community Services District, Drainage District 100,
Drainage District 200, and Richvale Sanitary District -
action requested - APPROVE CONSOLIDATIONS.
14. Resolution Increasing the Settlement Authority of the Claims
Review Committee - approval is requested for a resolution
which will increase the settlement authority of the Claims
Review Committee from $5,000 to $25,000. The Claims Review
Committee has authority to reject, compromise or settle
claims filed against the County - action requested - ADOPT
RESOLUTION 05-096 AND AUTHORIZE THE CHAIR TO SIGN.
15. Private Industry Council - Amendment - approval is requested
for an amendment to the sublease agreement with the Private
Industry Council for the office space located at 78 Table
Mountain Boulevard, Oroville. The amendment increases the
space leased by the department by 2,031 square feet,
increases the janitorial services cost by $261.85 per month,
and increases the lease amount for fiscal year 2005-2006 by
$24,993.50 (department budget). 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)
16. Northern Valley Catholic Social Service - approval is
requested for an agreement with Northern Valley Catholic
Social Service for the provision of counseling and anger
management services for Children's Services clients. The
term of the agreement is from the date of execution through
June 30, 2006, with a maximum amount payable of $200,000
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X15618)
MINUTES
PAGE 4 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-002 17. Lawrence Wilcox, Ph.D. - Amendment - approval is requested
for an amendment to the agreement with Lawrence Wilcox,
Ph.D., for the provision of psychological and
neuropsychological evaluations for Children's Services
clients. The amendment increases the maximum amount payable
for fiscal year 2004-2005 by $8,000 (department budget),
extends the term of the agreement through June 30, 2006,
increases the maximum amount payable for fiscal year
2005-2006 by $20,000 (department budget), and revises the
agreement's exhibits to reflect the changes. 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. X15038)
18. Budget Transfer - approval is requested by the Risk
Management Division for a budget transfer of $41, 425 from the
General Fund Appropriation for Contingencies to provide
additional appropriations needed to pay fiscal year 2004-2005
legal bills which exceeded the budgeted appropriation -
action requested - APPROVE BUDGET TRANSFER B-547 (4/5 vote
required) ACCEPTING AND APPROPRIATING $41,425 FROM THE
GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN
THE AGENDA REPORT.
19. Resolution Increasing the Settlement Authority of Designated
Persons - approval is requested by the Risk Management
Division for a resolution which would increase the settlement
authority of the Chief Administrative Officer or his
designee, the Risk Manager, and the Director-Human Resources,
to settle workers' Compensation claims from $10,000 to
$25,000 - action requested - ADOPT RESOLUTION 05-097 AND
AUTHORIZE THE CHAIR TO SIGN.
20. Budget Transfer and Fixed Asset Purchase - approval is
requested by the Emergency Services Division to accept and
appropriate $44,189 of fiscal year 2004-2005 Homeland
Security grant funds into the current fiscal year. The funds
will be used to purchase equipment or services in the current
fiscal year. Board approval is also requested for the fixed
asset purchase of two chemical agent detectors in the
estimated amount of $20,000. The detectors will be issued
to the Hazardous Materials Team - action requested - APPROVE
BUDGET TRANSFER B-O10 (4/5 vote required) ACCEPTING AND
APPROPRIATING PRIOR YEAR FUNDS AS DETAILED IN THE AGENDA
REPORT; AND APPROVE FIXED ASSET PURCHASE OF TWO (2) CHEMICAL
AGENT DETECTORS.
21. Solar Power Project Phase 2 - Budget Transfer - pursuant to
the Board's action of May 10, 2005, approval is requested for
a transfer of $45, 000 from the General Fund Appropriation for
Contingencies to the Capital Project Fund established for the
project - action requested - APPROVE BUDGET TRANSFER B-Oll
(4/5 vote required) ACCEPTING AND APPROPRIATING $45,000 FROM
THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED
IN THE AGENDA REPORT.
MINUTES
PAGE 5 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-002 22. Communication workers of America, AFL-CIO (Social Services
workers Unit) - Memorandum of Understanding - approval is
requested for a successor Memorandum of Understanding with
the Communication workers of America, AFL-CIO (Social
Services workers Unit), which includes the following major
changes resulting from the meet and confer process:
agreement term to be October 1, 2004, through
September 1, 2005; salaries to be increased by lo,
retroactive to December 18, 2004; and an increase in County
contribution to employee health premiums, effective
January 1, 2005 - action requested - APPROVE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
23. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: AUDITOR-CONTROLLER - adds one position of
Finance Officer and one position of Manager, Property Tax and
Grant Accounting. COUNTY COUNSEL - adds one position of
Deputy County Counsel IV/III/II/I. DISTRICT ATTORNEY-
CRIMINAL - adds one position of Investigative Assistant and
one position of Investigator II/I. DISTRICT ATTORNEY-CHILD
SUPPORT INVESTIGATIONS - deletes one position of
Investigative Assistant and one position of Investigator
II/I. - ,
PUBLIC HEALTH-GENERAL
SERVICES - deletes 30 full-time positions and 5 half-time
positions of Public Health Nurse, Senior/Public Health
Nurse/Public Health Nurse, Associate. Adds 30 full-time
positions and 5 half-time positions of Public Health Nurse,
Senior/Public Health Nurse/Public Health Nurse, Associate/
Staff Nurse, Senior/Staff Nurse/Staff Nurse, Associate. Adds
one term position of Public Health Assistant, Senior/Public
Health Assistant (position end date 6-30-06) SALARY PLAN
FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT CLASSIFICATION - adds the
classifications and establishes the salary ranges for the
following positions: Financial Officer - $27.87-$33.87,
Manager, Property Tax and Grant Accounting - $25.33-$30.79,
and Accounting Systems Analyst - $21.98-$26.72. ?~
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MINUTES
- action
requested - ADOPT RESOLUTION 05-098 AND AUTHORIZE THE CHAIR
TO SIGN.
24. Donations for Books - pursuant to Government Code Section
25355, donations of $2,000 from the Paradise Friends of the
Library, $806.20 from the Oroville Friends of the Library,
and $450 from the Chico Area Flyfishers, have been received
for the Butte County Trust Fund for the purchase of books -
action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
PAGE 6 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-002 25. Ray Bowen - Amendment - approval is requested for an
amendment to the lease agreement with Ray Bowen for the
property located at 585 Manzanita Avenue, Suite 2A, Chico.
The amendment extends the term of the agreement through
June 30, 2006, and increases the maximum amount payable to
$31,734.06 (department budget). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X13585)
26. Ray Bowen - Amendment - approval is requested for an
amendment to the lease agreement with Ray Bowen for the
property located at 585 Manzanita Avenue, Suite 2B, Chico.
The amendment extends the term of the agreement through
June 30, 2006, and increases the maximum amount payable to
$112,275.74 (department budget). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X11417)
27. Surplus Property - approval is requested to declare surplus
a Livescan fingerprint imaging machine. The equipment is
obsolete and no longer in use by the department - action
requested - DECLARE ITEM SURPLUS TO THE NEEDS OF THE COUNTY
AND AUTHORIZE DISPOSAL IN ACCORDANCE WITH COUNTY POLICY.
28. Anesthesia Associates of Chico Medical Group - approval is
requested for an agreement with Anesthesia Associates of
Chico Medical Group for the provision of anesthesia services
to qualified children receiving dental treatment in a
hospital setting. The term of the agreement is July 1, 2005,
through June 30, 2006, with a maximum amount payable of
$31,000. Funding for the agreement is provided through a
grant from the Butte County Children and Families
Commission - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X15320)
29. California Department of Health Services - Fiscal Year
2005-2006 Rural Health Services Program Funds - approval is
requested for a declaration of intent not to apply for fiscal
year 2005-2006 Rural Health Services Program Funds.
Legislation currently exists which permits the State to
administer the Hospital Services, Physician Services, and
Children's Treatment Program allocations for counties. The
State's administration relieves counties of several
requirements to document and report expenditures and program
activities - action requested - APPROVE THE DECLARATION OF
INTENT NOT TO APPLY FOR FISCAL YEAR 2005-2006 RURAL HEALTH
SERVICES PROGRAM FUNDS AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 7 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-002 30. California Department of Health Services - approval is
requested for a grant agreement with the California
Department of Health Services for funds to act as lead agency
for the Northern California region for functions relating to
planning and implementation of the Immunization Network of
Northern California. The term of the agreement is
July 1, 2005, through June 30, 2006, with a maximum amount
payable to the County of $284,600 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
31. California Department of Health Services - approval is
requested for an Allocation Agreement with the California
Department of Health Services for funds to support tobacco
education programs. The State has made available $150,000
for the period of July 1, 2005, through June 30, 2006 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
32. Cascade Consulting - approval is requested for an agreement
with Cascade Consulting for the provision of grant management
services for the Used Oil Grant, cycles 7, 9 and 10. The
agreement is for the remainder of cycle 10, and has a term
of September 1, 2005, through June 30, 2006, with a maximum
amount payable of $46,940 (grant funds) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
33. Community Cleanup Program Guidelines - approval is requested
for revised Community Cleanup Program Guidelines for the
Community Cleanup Grant Program. The revisions will allow
for the use of funds for advertising to promote events and
incentives to aid in public participation. The proposed
changes have been reviewed and approved by the Solid waste
Committee - action requested - APPROVE REVISED COMMUNITY
CLEANUP GUIDELINES.
34. Kennedy/Jenks Consultants - Amendment - approval is requested
for an amendment to the agreement with Kennedy/Jenks
Consultants for preparation of a Septage Management Plan.
The amendment provides for a revised Schedule of Charges to
expand the class of Engineer-Scientist-Specialists working
on the project. There is no cost associated with the
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.
MINUTES
PAGE 8 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-002 35. Gallaway Consulting, Inc. - approval is requested for an
agreement with Gallaway Consulting, Inc., for the provision
of biological monitoring of the Neal Road Landfill on-site
wetland mitigation, assist with remedial action as necessary
and to document 5-year success criteria pursuant to the
United States Army Corps of Engineers. The term of the
agreement is June 27, 2005, through September 30, 2010, with
a maximum amount payable of $19,740 (Neal Road Sanitary
Landfill budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
36. California Vocations, Inc. - approval is requested for an
agreement with California Vocations, Inc., for the collection
of curbside recycling within the Town of Paradise and the
unincorporated portions of the upper Paradise ridge (Paradise
Pines and Magalia) The term of the agreement is
October 1, 2005, through September 30, 2006, with a maximum
amount payable of $3,425 per month - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
37. Federal Emergency Management Agency - approval is requested
to return to the Federal Emergency Manaaement Agency (FEMA)
$84,702 of federal disaster relief funds related to the
flooding of 1999. FEMA provided the County with $1,200,000
for emergency services associated with the flooding and after
final accounting was completed a balance of $84,702 remained
to be returned. A budget transfer of the funds will be
required to complete the payment to FEMA - action requested -
APPROVE BUDGET TRANSFER B-013 (4 /5 vote required) ALLOCATING
FUNDS AS DETAILED IN THE AGENDA REPORT.
38. Black Oak Terrace Subdivision - Black Oak Terrace
Subdivision, AP 066-360-038, is a 4-lot private street
subdivision located on the east side of State Route 32 at
Humboldt Drive, approximately 1.5 miles south of Forest
Ranch - action requested - APPROVE FINAL MAP; ACCEPT ON
BEHALF OF THE COUNTY THE PUBLIC SERVICE EASEMENTS AS OFFERED
FOR DEDICATION IN THE OWNER'S STATEMENT; AND AUTHORIZE THE
CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
39. Resolution Allowing the Department of Public works to
Acquire, Abandon or Dispose of Real Property Used for Street
Purposes without Prior Planning Commission Approval -
approval is requested for a resolution which will allow the
Department of Public works to acquire, abandon or dispose of
real property required for street purposes, including
widening and re-alignment projects, without review of the
Planning Commission, provided the project is of a minor
nature and has been previously approved by the Board of
Supervisors - action requested - ADOPT RESOLUTION 05-099 AND
AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 9 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-002 40. Reconstruction of Garner Lane from 150 Feet South of Short
Horn Drive to Keefer Road - County Project No. 61165A-04-1 -
the project consists of the reconstruction of 1,572 lineal
feet of Garner Lane from 150 feet south of Short Horn Drive
to its north terminus at Keefer Road, Chico, including
construction of a new storm drain leach trench system on both
the east and west sides of the roadway. Shoulder backing,
roadside ditches, new pavement delineation, reflective
markers and signs will also be installed as part of the
project. The reconstruction will be funded by applicable
North Chico Specific Plan development fees and unallocated
Local Road Fund Balance. Bids for the project were received
on July 14, 2005, and Board approval is requested to award
the construction contract to the lowest responsible bidder,
Granite Construction Company of Watsonville, in the amount
of $497,757. Approval is also requested for the budget
transfers needed to provide funding for the
agreement - action requested - APPROVE THE ADDITION OF THE
RECONSTRUCTION OF GARNER LANE PROJECT LISTED IN THE AGENDA
REPORT TO THE FISCAL YEAR 2005-2006 BUDGET; APPROVE BUDGET
TRANSFER B-012 (4 /5 vote required) ACCEPTING AND
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND
AWARD THE CONSTRUCTION AGREEMENT TO GRANITE CONSTRUCTION
COMPANY AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
41. Shasta County Sheriff's Office - Amendment - approval is
requested for an amendment to grant agreement with the Shasta
County Sheriff's Office for an additional fiscal year 2004-
2005 California Multi-Jurisdictional Methamphetamine
Enforcement Team Grant allocation in the amount of $4,874.46.
The funds will be used for helicopter maintenance - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-015 (4 /5
vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
42. Rebate Income - approval is requested to accept and
appropriate $300 received as a vendor rebate on a replacement
engine purchased for a County-owned airplane. Funding for
the purchase was provided by California Multi-Jurisdictional
Methamphetamine Enforcement Team Grant funds and the rebate
will be used for future grant related expenses - action
requested - APPROVE BUDGET TRANSFER B-014 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT.
43. Budget Transfer - approval is requested for a transfer of
$~~ $11,421 from the Incarceration Budget to the Consent
Decree Budget to provide the appropriation needed to pay for
unanticipated increases in attorney and legal research fees -
action requested - APPROVE BUDGET TRANSFER B-548 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
MINUTES
PAGE to AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 2, 2005
0513-002 44. Monthly Investment Report - submitted is the Monthly
Investment Report dated June 30, 2005, in accordance with the
Statement of Investment Policy dated July 1, 2004 - action
requested - ACCEPT FOR INFORMATION. (70)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.15 REMOVED, ITEM
3.24 REVISED TO REMOVE THE ACTIONS FOR THE PROBATION DEPARTMENT,
AND ITEM 3.44 REVISED TO CORRECT THE BUDGET TRANSFER AMOUNT FROM
$4,011 TO $11,421.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0513-003 Boards, Commissions and Committees. (99)
1. Appointments to Listed Vacancies. (NONE)
2. Board Member or Committee Reports. (NONE)
0513-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (120) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, PROVIDED A REPORT ON THE NATIONAL
ASSOCIATION OF COUNTIES CONFERENCE HELD LAST WEEK.
0513-005 Child Support Services Program and Child Support Awareness Month -
report to the Board on upcoming changes in the Child Support
Services Program, and consideration of a resolution proclaiming
August 2005 as Child Support Awareness Month - action requested -
ACCEPT REPORT FOR INFORMATION; AND ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN. (191)
MOTION: I MOVE TO ACCEPT THE REPORT FOR INFORMATION; AND MOVE TO ADOPT
RESOLUTION 05-100 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0513-006 Butte County Tourism - Report to the Board - update on the
County's tourism activities, including a report on the status of
activities associated with the County's contract with the Butte
County Economic Development Corporation for marketing/tourism
activities, and a report on the completion of "Upstate California
Ventures", a tourism and travel guide for Butte, Glenn and Tehama
Counties - action requested - ACCEPT FOR INFORMATION. (601)
PRESENTATION TO THE BOARD BY JENNIFER MACARTHY, DEBRA LUCERO AND
LARRY AKIN.
RECESS: 9:52 A.M.
RECONVENE : 1 O: O 5 A. M.
MINUTES PAGE II AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 2, 2005
0513-007 Sierra Oro Farm Trail Map - Report to the Board - presentation of
the new Sierra Oro Farm Trail Map promoting Butte County local
businesses, agricultural heritage, nature tours, community events
and activities by local growers - action requested - ACCEPT FOR
INFORMATION. (1580)
PRESENTATION TO THE BOARD BY RICHARD PRICE, AGRICULTURAL
COMMISSIONER.
0513-008 Quincy Library Group:
A. Forester Contract - consideration of support of the Quincy
Library Group Forester contract in the amount of $5,820 per
year - action requested - APPROVE SUPPORT OF CONTRACT; AND
APPROVE A BUDGET TRANSFER (4 /5 vote required) ACCEPTING AND
APPROPRIATING $5,820 FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES.
B. Support for Projects and 2004 Record of Decision for the
Sierra Nevada Framework - consideration of support for the
Quincy Library Group Projects and the 2004 Record of Decision
for the Sierra Nevada Framework, including the County's share
of $7,000 for the 2005-2006 Lawsuit Legal Fund - action
requested - APPROVE SUPPORT OF PROJECTS AND 2004 RECORD OF
DECISION; APPROVE A BUDGET TRANSFER (4 /5 vote required)
ACCEPTING AND APPROPRIATING $7,000 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES; AND PROVIDE STAFF DIRECTION
AS NEEDED. (1848) (**00)
THE BOARD REQUESTED THAT ADDITIONAL INFORMATION BE PROVIDED BEFORE
CONSIDERATION OF THIS ITEM.
RECESS: 11:11 A.M.
RECONVENE : 11:3 2 A . M .
PUBLIC HEARINGS AND TIMED ITEMS
0513-009 Public Hearing - Community Development Block Grant Program Income
Activities - consideration of a transfer of the Chapmantown
Improvement Project and the Southside Oroville Community Center
Project from grant number 02-EDBG-874 to grant number 04-PTAA-
0303. The transfer would allow the time line for completion of
the project to be extended until March 31, 2007 - action
requested - ADOPT RESOLUTIONS (2) AUTHORIZING AMENDMENTS TO GRANT
NO. 04-PTAA-0303 TO PROVIDE FOR THE TRANSFER OF THE CHAPMANTOWN
IMPROVEMENT PROJECT AND THE SOUTHSIDE OROVILLE COMMUNITY CENTER
PROJECT TO THE OPEN GRANTS; AND APPROVE A BUDGET TRANSFER (4/5
vote required) ACCEPTING AND ALLOCATING THE FUNDS FOR THE 2
PROJECTS AS DETAILED IN THE AGENDA REPORT. (**710)
PUBLIC HEARING OPENED: 11:32 A.M.
PUBLIC HEARING CLOSED: 11:37 A.M.
MINUTES
PAGE 12
AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-009 MOTION: I MOVE TO ADOPT RESOLUTIONS 05-101 AND 05-102
AUTHORIZING AMENDMENTS TO GRANT NO. 04-PTAA-0303 TO
PROVIDE FOR THE TRANSFER OF THE CHAPMANTOWN IMPROVEMENT
PROJECT AND THE SOUTHSIDE OROVILLE COMMUNITY CENTER
PROJECT TO THE OPEN GRANTS DETAILED IN THE AGENDA
REPORT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0513-010 Continued Public Hearing - Resolution to Abandon a Public Right-
of-way - the department has received a request to abandon a
portion of a public right-of-way on the southwesterly side of
Oroville Bangor Highway, approximately 500 feet southeast of
Cornett Lane, in the Oroville area. The Planning Commission has
recommended approval - action requested - FIND THAT THE PUBLIC
RIGHT-OF-WAY DESCRIBED IN THE NOTICE OF HEARING AND PETITION IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE AND ADOPT A
RESOLUTION ABANDONING THE DESCRIBED PORTION OF THE OROVILLE BANGOR
HIGHWAY RIGHT-OF-wAY; AND AUTHORIZE THE CHAIR TO SIGN GRANT DEEDS
SUBJECT TO PAYMENT FOR THE 0.34 ACRES ADJOINING THE INGVOLDSEN
PROPERTY AND THE 0.52 ACRES ADJOINING THE GRUBBS PROPERTY AND
PAYMENT OF RECORDING FEES FOR THE QUITCLAIM DEEDS. (FROM 10-12-
04 [5.01] ) (**869)
PUBLIC HEARING RECONVENED: 11:37 A.M.
PUBLIC HEARING CLOSED: 11:38 A.M.
MOTION: I MOVE TO FIND THAT THE PUBLIC RIGHT-OF-WAY DESCRIBED IN THE
NOTICE OF HEARING AND PETITION IS UNNECESSARY FOR PRESENT OR
PROSPECTIVE PUBLIC USE AND ADOPT RESOLUTION 05-103 ABANDONING THE
DESCRIBED PORTION OF THE OROVILLE BANGOR HIGHWAY RIGHT-OF-WAY AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN GRANT
DEEDS SUBJECT TO PAYMENT FOR THE 0.34 ACRES ADJOINING THE
INGVOLDSEN PROPERTY AND THE 0.52 ACRES ADJOINING THE GRUBBS
PROPERTY AND PAYMENT OF RECORDING FEES FOR THE QUITCLAIM DEEDS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0513-011 Continued Public Hearing - Reed B. Johnson - Appeal of a Denial of
a Certificate of Merger - consideration of an appeal of a denial
of a Certificate of Merger for a project to reconfigure 2 parcels
on property located on the northwest corner of Larkin Road and
Johnson Clan Avenue in the Gridley area, and identified as APN
024-200-067 and 068 - action requested - DENY THE APPEAL, FINDING
THAT THE PROPOSED CONFIGURATION DOES NOT CONFORM TO THE
REQUIREMENTS FOR APPROVAL OF MODIFICATION OF LOTS WHICH ARE
SUBSTANDARD WITH RESPECT TO EXISTING ZONING AND GENERAL PLAN.
(FROM 7-12-05 [5.01]). (**922)
PUBLIC HEARING RECONVENED: 11:39 A.M.
PUBLIC HEARING CLOSED: 12:06 P.M.
MOTION: I MOVE FOR A MOTION OF INTENT TO UPHOLD THE APPEAL AND ALLOW THE
CHANGE OF THE BOUNDARY LINE.
M S
VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried)
MINUTES PAGE 13 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
0513-012 Items Removed from the Consent Agenda for Board Consideration and
Action. (**1971) (NONE)
RECESSED AT 12:07 P.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS
AND CONVENED AS THE THOMPSON FLAT CEMETERY DISTRICT BOARD OF
DIRECTORS. (**1976)
THOMPSON FLAT CEMETERY DISTRICT
BOARD OF DIRECTORS
MINUTES
AUGUST 2, 2 0 0 5
Called to order at 12:07 p.m. in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Board members
present: Connelly, Dolan, Houx, Josiassen, and Chair Yamaguchi.
Also present: Dorothy Bell, Deputy Clerk.
Agenda Items
0504-001 Adoption of Fiscal Year 2005-2006 Budget - consideration of an
expenditure budget of $6,066 for fiscal year 2005-2006 - action
requested - ADOPT BUDGET AND AUTHORIZE THE CHAIR TO SIGN STATEMENT
OF PROVISION FOR RESERVE. (**1984)
MOTION: I MOVE TO ADOPT THE BUDGET AND AUTHORIZE THE CHAIR TO SIGN THE
STATEMENT OF PROVISION FOR RESERVE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION TO STAFF TO HAVE A THANK YOU LETTER SENT TO THE
GRIDLEY-BIGGS CEMETERY DISTRICT FOR THEIR WORK ON THIS DISTRICT.
Public Comment
0504-002 Comments to the Board on issues and items not listed on the
agenda. Presentations will be limited to five minutes. Please
note that pursuant to California state law, the Board is
prohibited from taking action on any item not listed on the
agenda. (**1999) (NONE)
Adjournment
ADJOURNED AT 12:08 P.M. AS THE THOMPSON FLAT CEMETERY DISTRICT
BOARD OF DIRECTORS AND RECONVENED AS THE BUTTE COUNTY BOARD OF
SUPERVISORS.
MINUTES
PAGE 14 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA
PUBLIC COMMENT
0513-013 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. (**2026)
1. SCOTT HALVERSON ADDRESSED THE BOARD REGARDING REJECTION OF
A LATE CLAIM FOR REIMBURSEMENT OF BAIL.
BOARD DIRECTION TO STAFF TO REVIEW THE LETTER AND DETERMINE
THE PROPER VENUE FOR MR. HALVERSON TO AIR HIS CLAIM.
2. SHEENA HUME ADDRESSED THE BOARD TO REQUEST HIGHER WAGES FOR
IHSS WORKERS.
3. LINDA BOES ADDRESSED THE BOARD TO READ A STATEMENT PREPARED
BY JANET SWANSON REGARDING THE NEGOTIATIONS FOR IHSS WORKERS.
4. TOM WHITNEY ADDRESSED THE BOARD REGARDING HIGHER WAGES FOR
IHSS WORKERS.
CLOSED SESSION
0513-014 RECESS: RECESSED AT 12:10 P.M. TO A CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6: AGENCY
REPRESENTATIVES: JEANNE GRAVETTE, DIRECTOR-HUMAN
RESOURCES. EMPLOYEE ORGANIZATIONS: DEPUTY
SHERIFF'S ASSOCIATION (GENERAL AND SUPERVISORY
UNIT); A CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) ONE POTENTIAL CASE; AND
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE.
MINUTES
PAGE 15 AUGUST 2, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 2, 2005
0513-014 RECONVENE: RECESSED AT 2:50 P.M. FROM A CLOSED SESSION
CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54957.6: AGENCY
REPRESENTATIVES: JEANNE GRAVETTE, DIRECTOR-HUMAN
RESOURCES. EMPLOYEE ORGANIZATIONS: DEPUTY
SHERIFF'S ASSOCIATION (GENERAL AND SUPERVISORY
UNIT); A CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) ONE POTENTIAL CASE; AND
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE.
CLOSED SESSION
ANNOUNCEMENTS : THE BOARD UNANIMOUSLY VOTED TO INITIATE
LITIGATION, IF NECESSARY, AGAINST THE PEOPLE
RESPONSIBLE FOR THE CONSTRUCTION DEFECTS AT THE
SOUTHSIDE OROVILLE COMMUNITY CENTER. THE BOARD
HAS ALSO UNANIMOUSLY VOTED TO EXTEND THE
TREATMENT PROVIDED TO CORRECTIONAL OFFICERS
(APPROVED AT THE LAST BOARD MEETING) REGARDING
OVERTIME PAY AND SHIFT DIFFERENTIAL PAY, TO THE
DEPUTY SHERIFF'S ASSOCIATION, AND THAT OTHER
IRREGULARITIES FOUND DURING THE IMPLEMENTATION OF
KRONOS WILL BE PROSPECTIVE UNLESS THERE IS A
LEGAL REQUIREMENT TO GO BACK AND COLLECT ON
ISSUES.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:50 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, AUGUST 16, 2005, AT 9:00 A.M.
KIM K. YAMAGUCHI, CHAIR
Attest:
Paul McIntosh, Chief Administrative
Office and Clerk of the Board
By:
MINUTES
PAGE 16
AUGUST 2, 2005