HomeMy WebLinkAboutM081605BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
CALL TO ORDER
Called to order at 9:10 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 Marion Reeves,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
CORRECTIONS AND~OR CHANGES TO THE AGENDA. (64)
CONSENT AGENDA
0514-001 1. Fiscal Year 2004-2005 Final Budget Transfer - the department
has prepared the final budget transfer for fiscal year 2004-
2005. The transfer clears deficit appropriations and makes
transfers needed to close out the fiscal year - action
requested - APPROVE BUDGET TRANSFER B-522 (4/5 vote required)
APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
2. Housing Authority of the County of Butte - approval is
requested for a sole source agreement with the Housing
Authority of the County of Butte for the provision of housing
assistance payments and/or deposits for clients of the Adult
System of Care program. The term of the agreement is
July 1, 2005, through June 30, 2006, with a maximum amount
payable of $60,000 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3. Cherokee Restoration Fellowship - approval is requested for
a sole source agreement with Cherokee Restoration Fellowship
for the provision of residential treatment services for
referred clients. The term of the agreement is July 1, 2005,
through June 30, 2006, with a maximum amount payable of
$58,719.30 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X15667)
MINUTES
PAGE 1 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0514-001 4. Counseling Solutions - approval is requested for a sole
source agreement with Counseling Solutions for the provision
of mental health services to children receiving Medi-Cal
benefits. The term of the agreement is July 1, 2005, through
June 30, 2006, with a maximum amount payable of $149,999.85
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
5. Gary Bess & Associates - approval is requested for a sole
source agreement with Gary Bess & Associates for services to
evaluate the Comprehensive Treatment Court Program in
accordance with the Department of Justice's reporting
requirements. The term of the agreement is July 1, 2005,
through June 30, 2006, with a maximum amount payable of
$30,000 (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 Defender - Amendment - approval is
requested for an amendment to the Memorandum of Understanding
with the public defender consortium of attorneys for services
to support Substance Abuse and Crime Prevention Act programs.
The amendment extends the term of the agreement through
June 30, 2006, increases the maximum amount payable by
$30,500 (department budget) for the extended term, 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. X13551)
7. Linda Huffmon - approval is requested for a sole source
agreement with Linda Huffmon for the provision of consulting
services in the areas of program and procedural planning,
grant planning and grant preparation. The term of the
agreement is July 1, 2005, through June 30, 2006, with a
maximum amount payable of $32,000 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X15669)
8. State of California, Department of Mental Health - approval
is requested for a revenue agreement with the State of
California, Department of Mental Health, for the continuation
of the Phase I and Phase II Inpatient and Outpatient
Consolidation Managed Care Program. The term of the
agreement is July 1, 2005, through June 30, 2006, with a
maximum amount payable to the County of $2,276,342 - action
requested - ADOPT RESOLUTION 05-104 APPROVING AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN
AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
MINUTES
PAGE 2 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0514-001 9. Charles E. Nielsen, M.D. - approval is requested for a sole
source agreement with Charles E. Nielson, M.D., for the
provision of professional 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 $187,560 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X15657)
10. Resolution Encouraging Full and Immediate Reimbursement for
State Special Election - approval is requested for a
resolution urging the Legislature and the Governor to take
immediate action to fully reimburse Butte County for the
expenditures it will incur in complying with the
Governor's order to conduct a statewide special election on
November 8, 2005 - action requested - ADOPT RESOLUTION 05-105
AND AUTHORIZE THE CHAIR TO SIGN.
11. Approval of Minutes - action requested - APPROVE MINUTES OF
MAY 10, 2005, AND MAY 24, 2005.
12. Drainage District 200 - on August 2, 2005, the Board approved
a request to consolidate the general district election for
Drainage District 200 with the special statewide election to
be held November 8, 2005. Following approval of that item,
legal clarification of the district's status as a landowner
voting district was received. The Elections Office concurs
with the finding regarding the district's status and as a
result of the new information consolidation of election for
Drainage District 200 will not occur. The district will
conduct their own election - action requested - ACCEPT FOR
INFORMATION.
13. Fixed Asset Purchase - approval is requested for the fixed
asset purchase of a 1996 electric warehouse forklift in the
amount of $6,167. The equipment will be used in the
Elections warehouse. Board approval is also requested for
a transfer of department funds between budget line items to
provide the allocation needed for the purchase - action
requested - APPROVE FIXED ASSET PURCHASE OF ELECTRIC
FORKLIFT; AND APPROVE BUDGET TRANSFER B-023 APPROPRIATING
FUNDS AS DETAILED IN THE AGENDA REPORT.
MINUTES
PAGE 3 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0514-001 14. western Canal water District - Amendments to Bylaws -
approval is requested for amendments to the bylaws of the
western Canal water District. Pursuant to water Code Section
35305, if the Board of Supervisors of the principal county
of a water district approves amendments to the district's
bylaws after approval by the district's board, then there is
no need for the district to hold an election. To avoid the
cost of an election, the district is submitting amendments
approved by their district board on May 17, 2005 - action
requested - APPROVE AMENDMENTS TO THE BYLAWS FOR THE WESTERN
CANAL WATER DISTRICT.
15. Carol A. Smoots - Amendment - approval is requested for an
amendment to the agreement with Carol A. Smoots, for the
provision of legal services relating to the Federal Energy
Regulatory Commission's re-licensing of the California
Department of water Resources' facility at Lake Oroville. The
amendment revises the contact information for Ms. Smoots, and
revises the agreement's Exhibit A. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X15299)
16. Stephen A. Streeter - Amendment - approval is requested for
an amendment to the agreement with Stephen A. Streeter for
the provision of Interim Planning Manager services. The
amendment revises the scope of work to retain services to
rewrite ordinances but eliminates Planning Manager duties as
of July 31, 2005, and changes the term ending date from
October 1, 2005, to September 1, 2005. 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. X15073)
17. 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 also
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 BUDGET TRANSFER B-024 (4 /5
vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT.
MINUTES
PAGE 4 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0514-001 18. Notice of Intent to Contract to Provide Primary Prevention
Services - approval is requested for a Notice of Intent to
contract with public or private nonprofit agencies to provide
services in accordance with welfare and Institutions Code
Section 18960 et seq., and family support services in
accordance with welfare and Institutions Code Section 16600
et seq. The Notice of Intent is required to receive and
administer the combined Child Abuse Prevention, Intervention
and Treatment funds, Community Based Child Abuse Prevention
funds and Promoting Safe and Stable Families funds for fiscal
years 2005-2008. The County will receive $201,533 in
Promoting Safe and Stable Families funds and $75, 000 in Child
Abuse Prevention, Intervention and Treatment funds for fiscal
year 2005-2006 - action requested - APPROVE NOTICE OF INTENT
AND AUTHORIZE THE CHAIR TO SIGN.
19. Domestic Violence Trust Fund - approval is requested to
accept and appropriate $42,000 from the Domestic Violence
Trust Fund. The funds will be used to provide domestic
violence prevention services - action requested - APPROVE
BUDGET TRANSFER B-025 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
20. Resolution Adopting Standard of Aid for General
Assistance (SB 1033) - on July 2, 2005, the Commission on
State Mandates issued its Final Statement of Decision
approving Butte County's application for a finding of
significant financial distress. This finding provides the
Board with the necessary authority to adopt a reduced level
of general assistance payments pursuant to welfare and
Institutions Code Section 17000 et seq. The proposed
resolution provides that effective September 1, 2005, the
County of Butte will adopt a standard of aid and care equal
to 400 of the 1991 federal official poverty level, which rate
is the equivalent of $221.00 per month. Board approval is
also requested to adopt revised General Assistance
regulations reflecting the approved General Assistance rate
change effective September 1, 2005, and to transfer the
anticipated savings of $170,000 to the General Fund
Appropriation for Contingencies - action requested - ADOPT
RESOLUTION 05-106 AND AUTHORIZE THE CHAIR TO SIGN; ADOPT
REGULATIONS REFLECTING THE APPROVED GENERAL ASSISTANCE RATE
CHANGE EFFECTIVE SEPTEMBER 1, 2005; AND APPROVE BUDGET
TRANSFER B-026 (4/5 vote required) TRANSFERRING THE PROJECTED
SAVINGS OF $170,000 TO THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES.
MINUTES
PAGE 5 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0514-001 21. Surplus Vehicles and Equipment - approval is requested to
declare surplus various vehicles and equipment no longer used
by County departments. The vehicles (37) and miscellaneous
fixed asset equipment items (2) have been transferred to
General Services from County departments for surplus and
disposal - action requested - DECLARE ITEMS SURPLUS TO THE
NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING
AGENT IN ACCORDANCE WITH COUNTY POLICY.
22. CSAC-Excess Insurance Authority Joint Powers Agreement -
Amendment - approval is requested by Risk Management for an
amendment to the Joint Powers Agreement with the CSAC-Excess
Insurance Authority (EIA) which will allow member counties
to extend EIA insurance coverage to nonprofit corporations,
so long as the main purpose of the nonprofit corporation is
for the benefit of the county - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
23. Butte County Deputy Sheriffs' Association, General Unit -
Memorandum of Understanding - approval is requested for a
successor Memorandum of Understanding with the Butte County
Deputy Sheriffs' Association, General Unit, which includes
the following major changes resulting from the meet and
confer process: agreement term to be April 1, 2004, through
June 30, 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.
24. Butte County Deputy Sheriffs' Association, Management Unit -
Memorandum of Understanding - approval is requested for a
successor Memorandum of Understanding with the Butte County
Deputy Sheriffs' Association, Management Unit, which includes
the following major changes resulting from the meet and
confer process: agreement term to be April 1, 2004, through
June 30, 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.
25. Butte County Probation Peace Officers' Association -
Memorandum of Understanding - approval is requested for a
successor Memorandum of Understanding with the Butte County
Probation Peace Officers' Association, which includes the
following major changes resulting from the meet and confer
process: agreement term to be April 1, 2004, through
June 30, 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.
MINUTES
PAGE 6 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0514-001 26. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: COUNTY COUNSEL - deletes one position of Deputy
County Counsel IV/III/II/I. Adds one position of Chief
Deputy County Counsel/Deputy County Counsel IV/III/II/I.
DISTRICT ATTORNEY-CRIMINAL - deletes one position of Forensic
Accountant and one position of Information Systems
Technician/Information Systems Technician, Associate. Adds
one position of Investigator II/I and one position of
Information Systems Analyst, Senior/Information Systems
Analyst/Information Systems Analyst, Associate. BEHAVIORAL
HEALTH-GENERAL SERVICES - deletes one position of Accounting
Specialist/Account Clerk, Senior/Account Clerk. Adds one
position of Administrative Analyst, Senior/Administrative
Analyst/Administrative Analyst, Associate - action
requested - ADOPT RESOLUTION 05-107 AND AUTHORIZE THE CHAIR
TO SIGN.
27. Sideletter Agreement between the County of Butte and the
Butte County Management Employees Association - approval is
requested for a successor sideletter agreement with the Butte
County Management Employees Association which will allow for
the continuation of benefits received and/or accrued by
Vickie Newlin, Manager-Program Resources and Development,
during the period in which she will be working as the
Regional Coordinator for the Sacramento Valley Region of the
CALFED Bay-Delta Program. The term of the agreement is
June 30, 2005, through June 30, 2007 - action requested -
APPROVE SIDELETTER AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
28. Budget Transfer - approval is requested for a transfer of
$66,305 from the General Fund Appropriation for Contingencies
to provide the appropriation needed to cover unanticipated
changes in the accumulated depreciation account - action
requested - APPROVE BUDGET TRANSFER B-553 (4 /5 vote required)
ACCEPTING AND APPROPRIATING $66,305 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA
REPORT.
29. Kronos Inc. - Amendment - approval is requested for an
amendment to the agreement with Kronos Inc . , for the County' s
timekeeping software program. The amendment extends the term
of the agreement through completion of the project or
July 1, 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. (Contract No. X14080)
MINUTES
PAGE 7 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0514-001 30. Partners and Learners (PAL) Grant Funds - approval is
requested to accept and appropriate $77,749 from the
California State Library for the Partners and Learners
Program. The funds will be used to provide literacy services
to children living in the Oroville and Palermo communities -
action requested - APPROVE BUDGET TRANSFER B-027 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN AGENDA REPORT.
31. Chico Branch Library Donation - pursuant to Government Code
Section 25355, a donation of $9, 006.35 has been received from
the Estate of Helen R. Domalsky for the Chico Branch Library.
The funds will be used for books and support staff hours -
action requested - ACCEPT DONATION; AND APPROVE BUDGET
TRANSFER B-028 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
32. Donation for Support Staff - pursuant to Government Code
Section 25355, a donation of $436.66 has been received from
the Paradise Friends of the Library for support staff hours -
action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
33. Donations for Books - pursuant to Government Code Section
25355, donations of $1,315 from the Chico Friends of the
Library, $1,000 from the Paradise Friends of the Library,
$600 from the Oroville Friends of the Library, and $585.85
from anonymous donors, have been received for the Butte
County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
34. Northern Valley Parent Education Network - approval is
requested for an agreement with Northern Valley Parent
Education Network for the provision of services to clients
of the In-custody Accountability Program. The term of the
agreement is July 1, 2005, through April 30, 2006, with a
maximum amount payable of $160,856 (Juvenile Justice Crime
Prevention Act of 2000 funds) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES
PAGE 8 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0514-001 35. Juvenile Justice Crime Prevention Act Agreements -
Amendments - approval is requested for amendments to the
agreements with various agencies for services in support of
the Schiff-Cardenas Crime Prevention Act of 2000: 1)
Paradise Unified School District (Contract No. X14977) -
amendment extends the term of the agreement through
June 30, 2006, and increases the maximum amount payable by
$59,000 for the extended term. 2) Feather River Tribal
Health, Inc. (Contract No. X14980) - amendment extends the
term of the agreement through June 30, 2006, and increases
the maximum amount payable by $34,000 for the extended term.
3) Boys & Girls Club of Chico (Contract No. X14982) -
extends the term of the agreement through June 30, 2006, and
increases the maximum amount payable by $160,856 for the
extended term. 4) Gary Bess & Associates (Contract No.
X14983) - extends the term of the agreement through June 30,
2006, and increases the maximum amount payable by $40, 000 for
the extended term. Funding for the amendments is provided
by a State allocation for Juvenile Justice Crime Prevention
Act programs - action requested - APPROVE AGREEMENT
AMENDMENTS (4) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
36. Regional Council of Rural Counties' Environmental Services
Joint Powers Authority - approval is requested for payment
of membership dues for the Regional Council of Rural
Counties' Environmental Services Joint Powers Authority
(ESJPA) The ESJPA assists the department in addressing
waste board policy changes regarding AB 939 compliance,
implementation of AB 20, waste tire and landfill operations
training and other services. Funding of the $6,000
membership fee will be provided by Neal Road Landfill funds -
action requested - APPROVE PAYMENT OF MEMBERSHIP DUES IN THE
AMOUNT OF $6,000 FOR FISCAL YEAR 2005-2006.
37. County Service Area (CSA) No. 34 (Gridley Swimming Pool) -
approval is requested for an agreement with the Butte County
Fair Association for operation, maintenance, repair and
upkeep of the Gridley Swimming Pool. The term of the
agreement is July 1, 2005, through June 30, 2006, with a
maximum amount payable of $46,345. To provide for the
funding advance available under the contract, Board approval
is also requested for a loan from the County Service Area
Revolving Loan Fund in the amount of $25,500. The loan will
be repaid prior to the end of the fiscal year - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL; AND ADOPT RESOLUTION
05-108 APPROPRIATING MONIES FROM THE COUNTY SERVICE AREA
REVOLVING LOAN FUND AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X15670)
MINUTES
PAGE 9 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0514-001 38. Red Hawk Ranch Subdivision - in October 2004, the Board
approved an application to the Local Agency Formation
Commission for the formation of a County Service Area to
provide specific public services as part of the approval of
the Red Hawk Ranch Subdivision Map. In order to complete the
application to the Local Agency Formation Commission, the
environmental documentation needs to be amended to address
the County Service Area formation, and to obtain required
signatures by the County - action requested - ADOPT ADDENDUM
TO THE MITIGATED NEGATIVE DECLARATION FOR THE RED HAWK RANCH
TENTATIVE SUBDIVISION MAP; AND APPROVE THE APPLICATION TO THE
LOCAL AGENCY FORMATION COMMISSION AND AUTHORIZE THE CHAIR TO
SIGN.
39. Delta Oilfield Services, Inc. - Amendment - approval is
requested for an amendment to the agreement with Delta
Oilfield Services, Inc., for the pumping and transportation
of liquids from the Neal Road Landfill leachate containment
pond and septage containment pond. The amendment provides
for the pumping and disposal of 3.5 million gallons of
septage supernatant and 1.0 million gallons of landfill
leachate, and increases the maximum amount payable by
$122,500 for the supernatant and $35,000 for the leachate
(Neal Road Landfill Enterprise Fund and Septage Enterprise
Fund). 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. X14691)
40. Inmate welfare Fund Annual Report for Fiscal Year 2004-2005 -
pursuant to Penal Code Section 4025(e), submitted is the
annual report detailing expenditures from the Inmate welfare
Fund for the period of July 1, 2004, through June 30, 2005 -
action requested - ACCEPT FOR INFORMATION.
41. Butte County Children and Families Commission - the Butte
County Children and Families Commission submits
recommendations for appointments to Commission vacancies -
action requested - REAPPOINT JANE DOLAN, BOARD OF SUPERVISORS
MEMBER; MARK LUNDBERG, M.D., COUNTY HEALTH OFFICER; SANDRA
MACHIDA, EDUCATOR-EARLY CHILDHOOD DEVELOPMENT REPRESENTATIVE;
GENE SMITH, COMMUNITY BASED ORGANIZATION REPRESENTATIVE; MARY
NEUMANN, ALTERNATE COMMISSIONER; AND YVONNE NENADAL,
ALTERNATE COMMISSIONER; ALL TO TERMS TO END JULY 1, 2007.
MINUTES
PAGE to AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 16, 2005
0514-001 42. Paradise Memorial Hall Committee - action requested -
APPOINT/REAPPOINT RICHARD CAMPBELL, VETERANS OF FOREIGN WARS
DELEGATE, AND EDWARD MCGREEHAN, VETERANS OF FOREIGN WARS
ALTERNATE, AND PAUL HANK HARMON, AMERICAN LEGION DELEGATE,
AND PETER FREITAG, AMERICAN LEGION ALTERNATE, TO TERMS TO END
JUNE 30, 2006. (83)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0514-002
MOTION
VOTE:
Boards, Commissions and Committees. (91)
1. Board Member or Committee Reports.
SUPERVISOR DOLAN INFORMS THE BOARD THAT THE SACRAMENTO RIVER
CONSERVATION AREA FORUM IS SETTING A NUMBER OF CONFERENCES IN
SEPTEMBER.
2. Appointments to Listed Vacancies. (NONE)
3. Housing Authority of the County of Butte - action requested -
APPOINT TENANT REPRESENTATIVE TO A VACATED TERM TO END
APRIL 16, 2006.
I MOVE TO APPOINT SHIRLEY ANDREWS, TENANT REPRESENTATIVE, TO A
TERM TO END APRIL 16, 2006.
M S
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
SUPERVISOR CONNELLY INFORMS THE BOARD AND PUBLIC THAT ON
SEPTEMBER 16, 2005, A CANDLE LIGHT CEREMONY WILL BE HELD IN HONOR
OF THE PRISONERS OF WAR/MISSING IN ACTION (POW/MIA).
SUPERVISOR CONNELLY ANNOUNCED THAT THERE WILL BE A GROUNDBREAKING
CEREMONY AT 10:00 A.M. FOR THE OROVILLE SKATE BOARD AND BICYCLE
PARK. THE BOARD WILL RECESS TO ALLOW SUPERVISORS WISHING TO
ATTEND TO DO SO.
0514-003 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (235) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, INFORMED THE BOARD THAT THE LEGISLATURE IS NOW BACK IN
SESSION, BUT THERE IS NO NEW INFORMATION AT THIS TIME.
MR. MCINTOSH ALSO INTRODUCED TO THE BOARD PETE CALARCO, NEW
ASSISTANT DIRECTOR DEVELOPMENT SERVICES.
MINUTES
PAGE 11
AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 16, 2005
0514-003 1. Support of Assembly Constitutional Amendment 22, and Senate
Constitutional Amendment 15 - consideration of letters of
support for Assembly Constitutional Amendment (ACA) No. 22,
and Senate Constitutional Amendment (SCA) No. 15, both of
which would add a condition to the California Constitution
that private property may be taken or damaged by eminent
domain proceedings only for a stated public purpose and only
upon an independent judicial determination on the evidence
that the condemnation has proved that no reasonable
alternative exists - action requested - ADOPT A POSITION OF
SUPPORT FOR ACA NO. 22 AND SCA NO. 15 AND AUTHORIZE THE CHAIR
TO SIGN LETTERS OF SUPPORT.
MOTION: I MOVE TO APPROVE A LETTER OF SUPPORT FOR THE CONCEPT OF REQUIRING
A STATED PUBLIC PURPOSE BEFORE EMINENT DOMAIN ACTIONS ARE TAKEN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0514-004 Fire Services in Butte County - Report to the Board - presentation
of a report assessing fire protection services needed by Butte
County communities and the approach used to provide those
services, including a report from the Chief Administrative Office
and the Fire Department regarding the current status of the
Department and its role as the County Fire Department - action
requested - ACCEPT REPORT; APPROVE CREATION OF AN AD HOC COMMITTEE
OF THE BOARD FOR THIS ISSUE; APPOINT TWO BOARD MEMBERS TO THE AD
HOC COMMITTEE; AND DIRECT STAFF TO BEGIN AN INTERNAL SELF-
ASSESSMENT OF THE FIRE DEPARTMENT AND TO RETURN A REPORT TO THE
BOARD BY FEBRUARY 16, 2006, AND EVERY SIX MONTHS THEREAFTER UNTIL
THE SELF-ASSESSMENT IS COMPLETE AND THE FINAL REPORT IS PRESENTED
TO THE BOARD. (475)
MOTION: I MOVE TO ACCEPT THE REPORT, WITH CORRECTIONS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPROVE CREATION OF AN AD HOC COMMITTEE OF THE BOARD;
APPOINT SUPERVISORS DOLAN AND JOSIASSEN TO THE AD HOC COMMITTEE;
AND FURTHER MOVE TO DIRECT STAFF TO BEGIN AN INTERNAL SELF-
ASSESSMENT OF THE FIRE DEPARTMENT AND TO RETURN A REPORT TO THE
BOARD BY FEBRUARY 16, 2006, AND EVERY SIX MONTHS THEREAFTER UNTIL
THE SELF-ASSESSMENT IS COMPLETE AND THE FINAL REPORT IS PRESENTED
TO THE BOARD.
S M
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried)
RECESS: 9:47 A.M.
RECONVENE : 1 1: 0 0 A. M.
MINUTES
PAGE 12
AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
PUBLIC HEARINGS AND TIMED ITEMS
0514-005 Public Hearing - Tentative Parcel Map Appeal - Sefcik Family
Trust - consideration of an appeal of specific conditions of
approval of a proposed Negative Declaration with mitigation
measures regarding environmental impacts and a Tentative Parcel
Map to divide a 16.25 acre parcel into three parcels for
residential use on property zoned TM-5 (Timber Mountain - 5 acre
parcels) and located on the north side of Starlight Drive,
approximately 1,300 feet northeast of Schott Road in the Forest
Ranch area and identified as APN 056-280-065 (MM [TPM 05-04] ) -
action requested - OPEN HEARING AND CONTINUE OPEN TO
OCTOBER 11, 2005, AT 10:30 A.M. (1303)
PUBLIC HEARING OPENED AT 11:01 A.M., AND CONTINUED OPEN TO
OCTOBER 11, 2005, AT 10:30 A.M.
0514-006 Public Hearing - Tentative Parcel Map Appeal - Ramon LeFevre -
consideration of an appeal of a denial of a Tentative Parcel Map
to divide two 20-acre parcels into four parcels (two at 5 acres
and two at 15 acres in the Critical winter Deer Herd Area) and a
200 acre parcel that is offered as permanent open space on
property zoned A-5 (Agricultural - 5 acre parcels) and located on
the south side of LeFevre Lane at Century Court, approximately
4, 000 feet west of Upham Road in the Bangor area and identified as
APN 028-180-052, 056, 057 (CD [TPM 04N-30]) - action requested -
OPEN HEARING AND CONTINUE OPEN TO SEPTEMBER 27, 2005, AT
11:00 A.M. (1362
PUBLIC HEARING OPENED AT 11:03 A.M., AND CONTINUED OPEN TO
SEPTEMBER 27, 2005, AT 11:00 A.M.
0514-007 Public Hearing - Tentative Parcel Map Appeal - Kelly Brown -
consideration of an appeal of a denial of a Tentative Parcel Map
to divide a 12.69 acre parcel into two 6.35 acre parcels on
property zoned A-5 (Agricultural - 5 acre parcels) and located on
the west side on Jones Avenue, extending northerly 2,040 feet from
the intersection of Bell Road, in the Chico area, and identified
as APN 042-770-032 (CD [TPM 05-03]) - action requested - OPEN
HEARING AND CONTINUE OPEN TO OCTOBER 11, 2005, AT 11:00 A.M.
(1487)
PUBLIC HEARING OPENED AT 11:06 A.M., AND CONTINUED OPEN TO
OCTOBER 11, 2005, AT 11:00 A.M.
MINUTES
PAGE 13 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 16, 2005
REGULAR AGENDA
0514-008 Introduction of an Ordinance Amending Portions of Chapter 19
Entitled "Sewage Disposal" of the Butte County Code -
consideration of an ordinance which codifies restrictions against
the use of wastewater ponds with specific exceptions for regional
wastewater treatment facilities, existing facilities, and repair
or replacement of failing sewage disposal facilities - action
requested - WAIVE READING OF THE ORDINANCE; OR PROVIDE STAFF
DIRECTION ON AMENDMENTS AS NEEDED. (1523)(**00)
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE AS PROPOSED.
M
VOTE: 1 2 3 4 5 (Motion Dies for Lack of Second)
MOTION: I MOVE TO DIRECT STAFF TO COME UP WITH SOME MORE ALTERNATIVES FOR
LANGUAGE ON EXCEPTIONS FOR SMALL SCALE USES THAT DO NOT INDUCE
GROWTH, AND PROVIDING INFORMATION ON REQUIRED CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) ANALYSIS THAT WILL NEED TO BE
DONE.
M S
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
0514-009 Resolution Authorizing the Department of water and Resource
Conservation to Cooperate with Glenn Colusa Irrigation District in
Evaluation of the Lower Tuscan Formation - consideration of a
resolution supporting Glenn Clousa Irrigation District's Lower
Tuscan Proposal - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN; AND ASSIGN THE RESPONSIBILITY OF
COORDINATING WITH THE REGIONAL PLANNING AND PILOT PROJECT AGENCIES
TO THE DIRECTOR-WATER AND RESOURCE CONSERVATION. (FROM 7-12-05
[3.36]) (**1746)
AT THE REQUEST OF THE DEPARTMENT OF WATER AND RESOURCE
CONSERVATION, THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD
CONSIDERATION OR ACTION. THE PROPOSAL NEEDS ADDITIONAL REVIEW
BEFORE IT IS RETURNED TO THE AGENDA.
0514-010 Items Removed from the Consent Agenda for Board Consideration and
Action. (NONE)
RECESSED AT 12:40 P.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS
AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD.
MINUTES PaGE 14 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
AUGUST Z 6, 2 O O 5
Call to Order - Called to order at 12:40 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: Marion Reeves, Deputy Clerk.
Agenda Items
0506-001 Request to Fill Vacant Position and Approval of Employment
Agreement - approval is requested to fill a vacant Public
Authority Services Specialist Aide position. Public Authority
employees are at-will positions and approval is also requested for
an employment agreement for the position - action requested -
APPROVE REQUEST TO FILL VACANT PUBLIC AUTHORITY SERVICES
SPECIALIST AIDE POSITION; AND APPROVE EMPLOYMENT AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER. (**1752)
MOTION: I MOVE TO APPROVE THE REQUEST TO FILL VACANT PUBLIC AUTHORITY
SERVICES SPECIALIST AIDE POSITION; AND FURTHER MOVE TO APPROVE THE
EMPLOYMENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Comment
0506-002 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. (**1798) (NONE)
Adjournment
ADJOURNED AT 12:42 P.M. AS THE BUTTE COUNTY IN-HOME SUPPORTIVE
SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY
BOARD OF SUPERVISORS.
MINUTES
PAGE 15 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS AGENDA
PUBLIC COMMENT
0514-O11 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. (**1817) (NONE)
CLOSED SESSION
0514-012 RECESS: THE BOARD RECESSED AT 12:44 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) ONE POTENTIAL CASE;
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) REASONABLE EXPANSION V. COUNTY OF
BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO.
133646); A CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVE: JEANNE GRAVETTE.
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT AND
SUPERVISORY UNIT); DEPUTY SHERIFFS' ASSOCIATION
(GENERAL UNIT AND MANAGEMENT AND SUPERVISORY
UNIT); BUTTE COUNTY CORRECTIONAL OFFICERS'
ASSOCIATION (GENERAL UNIT AND MANAGEMENT AND
SUPERVISORY UNIT); PROFESSIONAL EMPLOYEES UNIT;
SOCIAL SERVICES WORKERS UNIT; AND PROBATION PEACE
OFFICERS' ASSOCIATION; AND A PUBLIC EMPLOYEE
PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT
CODE SECTION 54957: DIRECTOR-HUMAN RESOURCES.
(**1824)
MINUTES
PAGE 16 AUGUST 16, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 16, 2005
0 514 - 012 RECONVENE : THE BOARD RECONVENED AT 3 : 4 3 P . M . FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(c) ONE POTENTIAL CASE;
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) REASONABLE EXPANSION V. COUNTY OF
BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO.
133646); A CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVE: JEANNE GRAVETTE.
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT AND
SUPERVISORY UNIT); DEPUTY SHERIFFS' ASSOCIATION
(GENERAL UNIT AND MANAGEMENT AND SUPERVISORY
UNIT); BUTTE COUNTY CORRECTIONAL OFFICERS'
ASSOCIATION (GENERAL UNIT AND MANAGEMENT AND
SUPERVISORY UNIT); PROFESSIONAL EMPLOYEES UNIT;
SOCIAL SERVICES WORKERS UNIT; AND PROBATION PEACE
OFFICERS' ASSOCIATION; AND A PUBLIC EMPLOYEE
PERFORMANCE EVALUATION, PURSUANT TO GOVERNMENT
CODE SECTION 54957: DIRECTOR-HUMAN RESOURCES.
(**1874) (NO ANNOUNCEMENTS)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 3:43 P.M. TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, AUGUST 30, 2005, AT 9:00 A.M.
KIM K. YAMAGUCHI, CHAIR
Attest:
Paul McIntosh, Chief Administrative
Office and Clerk of the Board
By:
MINUTES PAGE 17 AUGUST 16, 2005