HomeMy WebLinkAboutM083104BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
CALL TO ORDER
Called to order at 9:05 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 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. (NONE)
CONSENT AGENDA
0416-001 1. Adoption of Tax Rates - approval is requested for a
resolution which will set various ad valorem tax rates for
the County for fiscal year 2004-2005. State law requires the
Board adopt the rates prior to September 1 of each year -
action requested - ADOPT RESOLUTION 04-154 AND AUTHORIZE THE
CHAIR TO SIGN.
2. County Service Area Charges - in order to levy service
charges in the various County Service Areas, it is necessary
to accomplish several prerequisite steps - action requested -
DIRECT THAT A REPORT OF SERVICE CHARGES BE PREPARED IN
ACCORDANCE WITH GOVERNMENT CODE SECTION 25210.77(a) AND FILED
WITH THE CLERK OF THE BOARD; DIRECT A PUBLIC HEARING BE SET
FOR SEPTEMBER 28, 2004, AT 10:45 A.M., AND DIRECT PUBLIC
NOTICE OF THE HEARING BE GIVEN IN ACCORDANCE WITH GOVERNMENT
CODE SECTION 6066.
3. MCPP Healthcare Consulting - Amendment - approval is
requested for an amendment to the agreement with MCPP
Healthcare Consulting for development of a strategic capital
acquisition plan for information systems technology. The
amendment extends the term of the agreement though June 30,
2005, details additional work to be performed, increases the
maximum amount payable by $33,400 (department budget) for the
extended term, and includes agreement language requiring
compliance with applicable laws. 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. X11628)
MINUTES
PAGE 1 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
0416-001 4. Butte County Public Health Department/Butte County Department
of Behavioral Health - Amendment - approval is requested for
an amendment to the Memorandum of Understanding with the
Public Health Department for funds to provide a Public Health
Nurse to perform services in support of the Infant-Preschool-
Family Mental Health Program. The amendment extends the term
of the agreement through June 30, 2005, increases the maximum
amount payable by $80,663 (department budget) for the
extended term, and includes language on the method of billing
between departments. 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)
5. Cherokee Restoration Fellowship - approval is requested for
a sole source agreement with Cherokee Restoration Fellowship
for the provision of residential treatment services for
individuals referred by Drug Court and Proposition 36
programs. The term of the agreement is July 1, 2004, through
June 30, 2005, with a maximum amount payable of $47,368.80
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
6. Proclamation of National Alcohol and Drug Addiction Recovery
Month in Butte County - action requested - ADOPT RESOLUTION
04-155 AND AUTHORIZE THE CHAIR TO SIGN.
7. Adoption of an Ordinance of the Board of Supervisors of the
County of Butte Approving an Amendment to the Redevelopment
Plan for the Greater Chico Urban Area Redevelopment Project
Chico Redevelopment Agency - consideration of an ordinance
related to the merger of the Greater Chico Urban Area
Redevelopment Project Area with the Chico Merged
Redevelopment Project Area - actions requested - ADOPT
ORDINANCE 3882 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-17-
04 [4.03] )
8. Board Calendar Addition - Special Meeting - approval is
requested to set a special meeting on Wednesday,
November 10, 2004, for the purpose of conducting interviews
for the position of Director-Employment and Social Services -
action requested - SET SPECIAL MEETING FOR WEDNESDAY,
NOVEMBER 10, 2004.
MINUTES
PAGE 2 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
0416-001 9. Resolution to Amend the Salary Ordinance - proposed is a
resolution which would adjust the salary for the Director-
Public works pursuant to the Pay for Performance program for
appointed department heads. The Board suspended the Pay for
Performance plan for the current fiscal year due to budgetary
constraints, excepting those department heads compensated
below the mean salary rate for 2003. As a result of recent
performance evaluations, it is recommended that the salary
rate for the Director-Public works be increased by $11,880
per year, to the mean rate for 2003. The adjustment will be
effective July 3, 2004 - action requested - ADOPT RESOLUTION
04-156 AND AUTHORIZE THE CHAIR TO SIGN.
10. NorthStar Engineering - Amendment - approval is requested for
an amendment to the agreement with NorthStar Engineering for
the provision of engineering services in support of the Small
Communities Grant and the Chico Urban Area Nitrate Compliance
Program. The amendment extends the term of the agreement
through July 31, 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. X13251)
11. Southside Oroville Community Center - approval is requested
to transfer the Southside Oroville Community Center funds
deposited in separate budget units into a new budget unit
created to track activity specific to the Southside Oroville
Community Center - action requested - APPROVE BUDGET TRANSFER
B-022 (4 /5 vote required) ACCEPTING AND ALLOCATING FUNDS AS
DETAILED IN THE AGENDA REPORT.
12. Private Industry Council - Amendment - approval is requested
for an amendment to the agreement with the Private Industry
Council for facility and fiscal management services for the
Southside Oroville Community Center. The amendment extends
the term of the agreement for an additional 84 months from
the date of signature, sets the maximum amount payable at
$80,000 (Southside Oroville Community Center Fund) for the
2004-2005 fiscal year, and adds language regarding quarterly
reporting requirements. 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.
13. Approval of Minutes - action requested - APPROVE MINUTES OF
MARCH 9, 2004; MARCH 23, 2004; APRIL 13, 2004; AND
APRIL 27, 2004.
14. Assessment Appeals Board - action requested - REAPPOINT GIL
JONES TO A TERM TO END SEPTEMBER 3, 2007.
MINUTES
PAGE 3 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
0416-001 15. Enloe Medical Center/Touchstone Perinatal Program -
Amendment - approval is requested for an amendment to the
agreement with Enloe Medical Center/Touchstone Perinatal
Program for the provision of training services for the
Options For Recovery program. The amendment extends the term
of the agreement through June 30, 2005, and increases the
maximum amount payable by $181,450 (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. X13899)
16. Private Industry Council - Amendment - approval is requested
for an amendment to the sublease agreement with the Private
Industry Council for space in the building located at 2445
Carmichael Drive, Chico. The amendment adds $10,000
(department budget) for modifications and change orders for
each fiscal year, and clarifies that any increase in rent
will be effective on July 1 of the applicable fiscal year.
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X15023)
17. Private Industry Council - Amendment - approval is requested
for an amendment to the sublease agreement with the Private
Industry Council for space in the building located at 78
Table Mountain Boulevard, Oroville. The amendment adds
$10,000 (department budget) for modifications and change
orders for each fiscal year, and clarifies that any increase
in rent will be effective on July 1 of the applicable fiscal
year. 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)
18. Private Industry Council - Amendment - approval is requested
for an amendment to the sublease agreement with the Private
Industry Council for space in the building located at 202
Mira Loma Drive, Oroville. The amendment adds $10,000
(department budget) for modifications and change orders for
each fiscal year, revises the term ending date to
June 30, 2017, and clarifies that any increase in rent will
be effective on July 1 of the applicable fiscal year. All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X13126)
MINUTES
PAGE 4 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
0416-001 19. Dietz Equipment Sales - approval is requested to award Bid
No. 86-04, in the amount of $125,099.40, to Dietz Equipment
Sales for the build-up of a water tender for the North Chico
Volunteer Fire Company. Funding for the build-up is provided
by volunteer contributions ($51,467.70), the North Chico
Volunteer Fire Company's water Tender Earned Income Trust
Fund ($11,082) and the Community Cost Share Trust Fund
($62,549.70), and Board approval is also requested to
transfer the funds to provide the appropriation for the
purchase - action requested - APPROVE FIXED ASSET PURCHASE;
AWARD BID TO DIETZ EQUIPMENT SALES IN THE AMOUNT OF
$125,099.40; AND APPROVE BUDGET TRANSFER B-023 (4/5 vote
required) ACCEPTING AND APPROPRIATING REVENUE AS DETAILED IN
THE AGENDA REPORT.
20. State of California, Department of Forestry and Fire
Protection - approval is requested for a grant agreement with
the State of California, Department of Forestry and Fire
Protection, for funds under the Volunteer Fire Assistance
Program. The grant will provide $19,150, and requires a
County match of $19,150 (department budget). The $38,300
will be used to purchase four thermal imaging cameras. The
grant also requires a resolution of acceptance and
assurances - action requested - ADOPT RESOLUTION 04-157
APPROVING GRANT AWARD AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
21. Resolution in Recognition of George Dale Corbin Upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION 04-158 AND AUTHORIZE THE CHAIR TO SIGN.
22. DLR Group Inc. of California d/b/a DLR Group-Vitiello -
Amendment - approval is requested for an amendment to the
agreement with DLR Group Inc. of California d/b/a DLR Group-
Vitiello for the provision of architectural services for the
Courthouse Expansion project. The amendment extends the term
of the agreement through April 15, 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. X13759)
23. Applied Testing Consultants - Amendment - approval is
requested for an amendment to the agreement with Applied
Testing Consultants for testing services required for the
Courthouse Expansion project. The amendment revises the
scope of work to include additional testing, and increases
the maximum amount payable by $48,822 (project budget) for
the additional work. 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. X14625)
MINUTES
PAGE 5 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
0416-001 24. Solar Energy Project - Notices of Completion - the projects
consisted of construction and installation of solar energy
panels and related equipment at the following locations:
East Jail Facility (Contract X14780); West Jail Facility
(Contract No. X14781); and Administration Building (Contract
No. X14782). All contract work has been completed in
accordance with plans and specifications - action requested -
APPROVE NOTICES OF COMPLETION (3) AND AUTHORIZE THE CHAIR TO
SIGN; AND DIRECT RECORDING OF THE NOTICES OF COMPLETION.
25. Lohse Enterprises, Inc., d/b/a Archive Record Systems -
approval is requested for an agreement with Lohse
Enterprises, Inc., d/b/a Archive Record Systems for the
provision of closed file storage, document management and
confidential shredding services for the Department of
Employment and Social Services. The term of the agreement
is July 1, 2004, through June 30, 2005, with a maximum amount
payable of $60,000 (department budget). The agreement is the
result of a Request For Quotation - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X15076)
26. Courthouse Expansion Capital Project Revenue - approval is
requested to accept and appropriate $24,995 from the Criminal
Justice Temporary Facilities Construction Fund to provide the
appropriation for the construction management agreement for
the Courthouse Expansion Project - action requested - APPROVE
BUDGET TRANSFER B-024 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
27. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution to amend the salary ordinance as
follows: PUBLIC HEALTH-GENERAL SERVICES - increases a half-
time flexibly staffed position of Health Education Specialist
III/II/I to three-quarter time. LIBRARY - extends the
position end dates for three flexibly staffed sunset
positions of Library Assistant II/I from September 30, 2004,
to September 30, 2005 - action requested - ADOPT RESOLUTION
04-159 AND AUTHORIZE THE CHAIR TO SIGN.
28. Avaya (formerly Lucent Technology) - Amendment - approval is
requested by the Communications Division for an amendment to
the agreement with Avaya (formerly Lucent Technology) for
service and maintenance services for the County's voice mail
system. The amendment extends the term of the agreement
through August 31, 2008, and increases the maximum amount
payable by $88,544.20 ($22,136.05 per year [department
budget]). All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X10396)
MINUTES
PAGE 6 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
0416-001 29. California Council for the Humanities - approval is requested
to accept and appropriate $1, 000 received from the California
Council for the Humanities under the California Stories
Uncovered grant program - action requested - APPROVE BUDGET
TRANSFER B-026 (4 /5 vote required) ACCEPTING AND
APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA REPORT.
30. California Department of Education - approval is requested
to accept and appropriate $10,350 received from the
California Department of Education under the wIA, Title II:
Adult Education and Family Literacy Act, English Literacy and
Civics Education grant program - action requested - APPROVE
BUDGET TRANSFER B-027 (4/5 vote required) ACCEPTING AND
APPROPRIATING GRANT REVENUE AS DETAILED IN THE AGENDA REPORT.
31. California State Library - approval is requested to accept
and appropriate $6,000 in federal Library Services and
Technology Act funds received from the California State
Library under the Global Language Materials grant program -
action requested - APPROVE BUDGET TRANSFER B-025 (4/5 vote
required) ACCEPTING AND APPROPRIATING GRANT REVENUE AS
DETAILED IN THE AGENDA REPORT.
32. Library Donations - pursuant to Government Code Section
25355, donations of $536.06 from the Paradise Friends of the
Library, $375 from the Chico Friends of the Library, and $350
from the Paradise Pines women's Club of Magalia, have been
received for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND AUTHORIZE
LETTERS OF APPRECIATION.
33. Northwest Society for the Prevention of Cruelty to Animals -
approval is requested for an agreement with the Northwest
Society for the Prevention of Cruelty to Animals for the
sheltering of animals impounded by the Butte County Animal
Control program. The term of the agreement is July 1, 2004,
through June 30, 2005, with a maximum amount payable of
$237,962 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X15074)
34. Partial Rehabilitation of Seven Mile Lane from Ord Ferry Road
to Nelson Road; County Project No. 30142-04-1 - the project
includes pavement grinding, subgrade compaction, shoulder
repairs, placement of a new asphalt concrete structural
section and shoulder backing, a single lane chip seal, and
pavement striping along the west side of Seven Mile Lane for
approximately 3.39 miles - action requested - APPROVE PLANS
AND SPECIFICATIONS; ADOPT A WAGE SCALE; AUTHORIZE THE
DIRECTOR-PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE
THE CHAIR AND THE DIRECTOR-PUBLIC WORKS TO SIGN THE PROJECT
PLANS.
MINUTES
PAGE 7 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
0416-001 35. SCS Engineers - Amendment - approval is requested for an
amendment to the agreement with SCS Engineers for the
provision of engineering services for the Partial Final
Closure of Modules 1, 2, and 3 at the Neal Road Landfill
project. The amendment provides for additional engineering
services through completion of the project, and increases the
maximum amount payable by $16,237 (Neal Road Landfill
Enterprise Fund) for the additional services. All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X13826)
36. Resolution Establishing a Limited 4-Hour Parking Zone Between
the Hours of 8:00 a.m. and 5:00 p.m. weekdays on the west
Side of Hicks Lane, from Calle Principal to Sycamore Drive -
action requested - ADOPT RESOLUTION 04-160 AND AUTHORIZE THE
CHAIR TO SIGN.
37. Resolution Prohibiting Stopping, Standing or Parking on the
North Side of west Lindo Avenue, from Fern Avenue to Holly
Avenue - action requested - ADOPT RESOLUTION 04-161 AND
AUTHORIZE THE CHAIR TO SIGN.
38. Purchase of washing Machine - approval is requested for the
sole source fixed asset purchase of a Unimac commercial
washing machine for the Jail in the amount of $17,437.49.
The new washer will replace a machine that is beyond economic
repair. Funding for the purchase will be provided by the
Inmate welfare Fund, and Board approval is also requested for
a budget transfer to provide for the purchase - action
requested - APPROVE BUDGET TRANSFER B-028 (4/5 vote required)
ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA
REPORT; AND APPROVE FIXED ASSET PURCHASE OF COMMERCIAL
WASHING MACHINE.
39. Transfer of Funds - approval is requested to transfer $6,000
from the Crime Prevention Trust Fund to the department's
budget for the purchase of materials and supplies for the
department's crime prevention programs - action requested -
APPROVE BUDGET TRANSFER B-029 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
40. City of Chico - approval is requested for an agreement with
the City of Chico for the provision of patrol services for
Bidwell Park by the Butte County Sheriff's Mounted Posse.
There is no cost associated with the agreement - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
41. Monthly Investment Report - submitted is the Monthly
Investment Report dated July 30, 2004, in accordance with the
Statement of Investment Policy dated July 1, 2004 - action
requested - ACCEPT FOR INFORMATION.
MINUTES
PAGE 8 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -AUGUST 31, 2004
0416-001 42. State of California, Employment Development Department -
approval is requested for an agreement with the State of
California, Employment Development Department, for assistance
in the collection of restitution, fines, penalties,
delinquent unsecured tax assessments, and fees as a result
of a violation of law. The term of the agreement is
April 1, 2004, through June 30, 2007, with a maximum amount
payable of $5,225 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
43. Camp, Dresser & McKee, Inc. - approval is requested for an
agreement with Camp, Dresser & McKee, Inc., for testing and
calibration of the Butte Basin Groundwater Model (Phase II).
The term of the agreement is September 1, 2004, through
December 31, 2004, with a maximum amount payable of $90,000
(United States Bureau of Reclamation [$50,000]/department
budget [$40,000]) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
44. Adoption of an Ordinance Amending Chapter 2, Article XIII.5,
Section 2-100.30, 2-100.40, 2-100.70 and 2-100.80 of the
Butte County Code Relating to Powers and Duties of the
Children and Families Commission - the Commission is
requesting the Board adopt an ordinance which will
incorporate the Commission's recommended changes to the
Membership, Term of Office, Powers and Duties, and Advisory
Committee provisions of the Butte County Code regarding the
Butte County Children and Families Commission - action
requested - ADOPT ORDINANCE 3883 AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 8-17-04 [3.39])
45. Resolution Proclaiming September 12, 2004, as Grandparent's
Day - the Butte County Elder Services Coordinating Council
is requesting the Board adopt a resolution honoring National
Grandparent's Day, September 12, 2004 - action requested -
ADOPT RESOLUTION 04-162 AND AUTHORIZE THE CHAIR TO SIGN.
(62)
MOTION: I MOVE TO ADOPT THE CONSENT AGENDA AS PRESENTED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION TO DALE CORBIN BY CHAIR BEELER OF A RESOLUTION IN
RECOGNITION OF HIS RETIREMENT FROM THE COUNTY OF BUTTE.
PRESENTATION TO BARBARA ALDERSON, BUTTE COUNTY ELDER SERVICES
COORDINATING COUNCIL, OF A RESOLUTION PROCLAIMING
SEPTEMBER 12, 2004, AS GRANDPARENTS DAY.
PRESENTATION TO MARY JOHNSON, BEHAVIORAL HEALTH DEPARTMENT, OF A
RESOLUTION PROCLAIMING SEPTEMBER 2004 AS NATIONAL ALCOHOL AND DRUG
ADDICTION RECOVERY MONTH IN BUTTE COUNTY.
MINUTES
PAGE 9
AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
REGULAR AGENDA
MINUTES -AUGUST 31, 2004
0416-002 Boards, Commissions and Committees. (348)
1. Appointments to Listed Vacancies.
MOTION: I MOVE TO APPOINT ROGER COLE, DISTRICT 3 REPRESENTATIVE, BUTTE
COUNTY RESOURCE CONSERVATION DISTRICT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Board Member or Committee Reports. (372)
SUPERVISOR YAMAGUCHI PROVIDES A REPORT OF THE REGIONAL COUNCIL OF
RURAL COUNTIES MEETING.
0416-003 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (514) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, STATED THAT THE LEGISLATURE RECESSED ON
SUNDAY MORNING UNTIL DECEMBER, AND AS OF TODAY THERE HAS NOT BEEN
A COMPLETE COMPILATION OF THE ALL THE BILLS PASSED. AS SOON AS
THAT INFORMATION IS AVAILABLE IT WILL BE PROVIDED TO THE BOARD.
0416-004 Butte County Budget - Fiscal Year 2004-2005:
1. Final Adjustments to the Proposed Budget for Fiscal Year
2004-2005 - consideration of adjustments to the Proposed
Budget as recommended by the Chief Administrative Officer -
action requested - ACCEPT FINAL ADJUSTMENTS; AND
2. Adoption of Final Budget for Fiscal Year 2004-2005 -
consideration of a resolution adopting the Butte County Final
Budget for Fiscal Year 2004-2005 - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (547)
MOTION: I MOVE TO ACCEPT THE FINAL ADJUSTMENTS SUBMITTED BY THE CHIEF
ADMINISTRATIVE OFFICER (SCHEDULE C); AND FURTHER MOVE TO ADOPT
RESOLUTION 04-163 ADOPTING THE BUTTE COUNTY FINAL BUDGET FOR
FISCAL YEAR 2004-2005 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0416-005 Items Removed from the Consent Agenda for Board Consideration and
Action. (NONE)
MINUTES PaGE to AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
CLOSED SESSION
0416-006 RECESS: THE BOARD RECESSED AT 9:35 A.M., TO A CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE.
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT AND
SUPERVISORY UNIT); DEPUTY SHERIFF'S 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. (944)
RECONVENE: THE BOARD RECONVENED AT 10:39 A.M., FROM A CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54957.6:
AGENCY REPRESENTATIVES: JEANNE GRAVETTE.
EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES
ASSOCIATION (GENERAL UNIT); BUTTE COUNTY
MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT AND
SUPERVISORY UNIT); DEPUTY SHERIFF'S 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. (1012) (NO
ANNOUNCEMENTS)
MINUTES
PAGE 11 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
PUBLIC HEARINGS AND TIMED ITEMS
0416-007 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; AND AUTHORIZE THE CHAIR TO SIGN THE
GRANT DEED, SUBJECT TO PAYMENT FOR THE 0.34 ACRES ADJOINING
INGVOLDSEN AND THE 0.52 ACRES ADJOINING GRUBBS, AND PAYMENT OF
RECORDING FEES. (FROM 8-3-04 [3.47]) (1020)
PUBLIC HEARING OPENED AT 10:40 A.M., AND CONTINUED OPEN TO
OCTOBER 12, 2004, AT 10:30 A.M., TO ALLOW STAFF ADDITIONAL TIME TO
REVIEW AND RESPOND TO THE APPLICANTS QUESTIONS AND CONCERNS.
0416-008 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 16t'' Street, 18th Street and Feather Avenue in the
Thermalito area. The Planning Commission has recommended approval
of the request - 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 PORTIONS OF 16TH STREET, 18TH STREET AND
FEATHER AVENUE RIGHTS-OF-WAY AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE CHAIR TO SIGN THE GRANT DEED, SUBJECT TO PAYMENT FOR
THE 0.7610 ACRES OF 16TH STREET, HALF OF WHICH IS ENCUMBERED BY AN
EASEMENT, AND PAYMENT OF RECORDING FEES. (FROM 8-3-04 [3.48])
(2010)
PUBLIC HEARING OPENED: 11:05 A.M.
PUBLIC HEARING CLOSED: 11:12 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 04-164 ABANDONING THE
DESCRIBED PORTIONS OF 16TH STREET, 18TH STREET AND FEATHER AVENUE
RIGHTS-OF-WAY AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE
CHAIR TO SIGN THE GRANT DEED, SUBJECT TO PAYMENT FOR THE 0.7610
ACRES OF 16TH STREET, HALF OF WHICH IS ENCUMBERED BY AN EASEMENT,
AND PAYMENT OF RECORDING FEES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PAGE 12 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
0416-009 Timed Item - Adoption of a Resolution of Necessity to Acquire
Certain Real Property - the Public works Department has been
involved in negotiations with Mr. C. William Johnson in order to
acquire rights-of-way and easements for the Aguas Frias Road
Bridge Replacement Project. Negotiations have reached an impasse
and it has become necessary to begin the process of acquisition by
eminent domain to proceed with the project - action requested -
THE DEPARTMENT RECOMMENDS THE BOARD ADOPT THE RESOLUTION AS
REQUIRED TO PROCEED WITH ACQUISITION OF RIGHTS-OF-WAY AND
EASEMENTS REQUIRED FOR THE AGUAS FRIAS ROAD BRIDGE OVER BUTTE
CREEK PROJECT, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-3-04
[5.04] ) (2468)
MOTION: I MOVE TO ADOPT RESOLUTION 04-165 AUTHORIZING THE DEPARTMENT TO
PROCEED WITH ACQUISITION OF RIGHTS-OF-WAY AND EASEMENTS REQUIRED
FOR THE AGUAS FRIAS ROAD BRIDGE OVER BUTTE CREEK PROJECT, AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 AB 4 Y 5 Y (Motion Carried)
PUBLIC COMMENT
0416-010 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. (2675)
1. SHAROL KUNTZ SUBMITTED A PETITION REGARDING EXCESSIVE DOG
BARKING ALL NIGHT ON CHEROKEE ROAD.
PHYLLIS MURDOCK, DIRECTOR-PUBLIC HEALTH, STATED THAT SHE WILL
REVIEW THE PETITION SUBMITTED WITH ANIMAL CONTROL STAFF AND
DETERMINE THE EXTEND OF HELP AVAILABLE TO HER UNDER THE CURRENT
LAW.
2. FRANK SMITH STATED THAT HE HAS THE SAME PROBLEM IN HIS
NEIGHBORHOOD WITH DOGS BARKING ALL NIGHT LONG KEEPING HIM
AWAKE.
RECESSED AT 11:24 A.M., AS THE BUTTE COUNTY BOARD OF SUPERVISORS
AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD.
MINUTES PAGE 13 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
AUGUST 31 , 2 0 0 4
Called to order at 11:24 a.m., in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Board members
present: Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler.
Also present: Marion Reeves, Deputy Clerk. (2988)
Agenda Items (2994) (NONE)
Public Comment
0407-001 Comments to the Board on issues and items not listed on the
agenda. Presentations will be limited to five minutes. Please
note that pursuant to California state law, the Board is
prohibited from taking action on any item not listed on the
agenda. (3002) (**00)
1. EVAN LEVANGE, EXECUTIVE DIRECTOR OF INDEPENDENT LIVING
SERVICES OF NORTHERN CALIFORNIA, AND ADDRESSED THE BOARD TO
STATE THAT ANY IMPROVEMENT MADE IN THE IHSS PROGRAM NOT ONLY
IMPROVES THE LIVES OF THE WORKERS, BUT ALSO THE CONSUMERS,
WHO LIVE IN FEAR OF LOSING THEIR PROVIDERS.
2. ROSEMARY LANDRY ADDRESSED THE BOARD TO STATE THAT THE
PRESIDENT AND THE GOVERNOR OF CALIFORNIA HAVE SHOWN THEIR
SUPPORT OF IHSS WORKERS AND HOPES THE BOARD DOES THE SAME.
3. MOLLY HILLIS, UNITED DOMESTIC WORKERS OF AMERICA, ADDRESSED
THE BOARD TO HIGHLIGHT THE POSITIVE CHANGES FOR THE IHSS
PROGRAM AT THE STATE LEVEL AND REQUESTING THE BOARD ADDRESS
BETTER WAGES AND BENEFITS FOR LOCAL WORKERS.
4. JACKLYN O'SULLIVAN ADDRESSED THE BOARD TO REQUEST BETTER
WAGES AND BENEFITS FOR IHSS WORKERS.
5. SARA BATES ADDRESSED THE BOARD TO CONSIDER A LIVING WAGE FOR
NON-CONTRACT IHSS WORKERS AND TO CONSIDER HOW THE LACK OF
HEALTH INSURANCE AFFECTS THEM.
6. DAN GROVER, INDEPENDENT LIVING SERVICES, ADDRESSED THE BOARD
TO REQUEST INCREASED WAGES FOR WORKERS.
7. DEEDEE MAYNARD ADDRESSED THE BOARD TO REQUEST AN INCREASE IN
WAGES FOR WORKERS AND MEDICAL BENEFITS.
8. PETE CONNATEE, UNITED DOMESTIC WORKERS OF AMERICA, ADDRESSED
THE BOARD TO REMIND THEM THAT THE FEDERAL GOVERNMENT WILL
GIVE CALIFORNIA MONEY FOR THE IHSS PROGRAM, AND THE MONEY CAN
BE USED TO GIVE THE INCREASED WAGES AND BENEFITS THE WORKERS
ARE ASKING FOR.
MINUTES
PAGE 14 AUGUST 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
Closed Session
0407-002 RECESS: THE BOARD RECESSED AT 11:50 A.M., TO A CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVES: JEANNE GRAVETTE
AND CRAIG DORY. EMPLOYEE ORGANIZATION: UNITED
DOMESTIC WORKERS OF AMERICA. (**445)
RECOr7vENE : THE BOARD RECONVENED AT 2 : 11 P . M . , FROM A CLOSED
SESSION CONFERENCE WITH LABOR NEGOTIATORS
PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVES: JEANNE GRAVETTE
AND CRAIG DORY. EMPLOYEE ORGANIZATION: UNITED
DOMESTIC WORKERS OF AMERICA. (472) (NO
ANNOUNCEMENTS)
Adjournment
ADJOURNED AT 2:11 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 31, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -AUGUST 31, 2004
CLOSED SESSION
0416-O11 RECESS: THE BOARD RECESSED AT 11:50 A.M., TO A CLOSED
SESSION CONFERENCE REGARDING PUBLIC EMPLOYEE
PERFORMANCE EVALUATION, INCLUDING GOALS, PURSUANT
TO GOVERNMENT CODE SECTION 54957: DIRECTOR-
DEVELOPMENT SERVICES; CONFERENCE WITH LEGAL
COUNSEL REGARDING SIGNIFICANT EXPOSURE TO
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE; AND
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) COUNTY OF BUTTE V. ACACIA ACRES
(BUTTE COUNTY SUPERIOR COURT CASE NO. 130623).
(**465)
RECONVENE: THE BOARD RECONVENED AT 2:11 P.M., FROM A CLOSED
SESSION CONFERENCE REGARDING PUBLIC EMPLOYEE
PERFORMANCE EVALUATION, INCLUDING GOALS, PURSUANT
TO GOVERNMENT CODE SECTION 54957: DIRECTOR-
DEVELOPMENT SERVICES; CONFERENCE WITH LEGAL
COUNSEL REGARDING SIGNIFICANT EXPOSURE TO
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE; AND
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) COUNTY OF BUTTE V. ACACIA ACRES
(BUTTE COUNTY SUPERIOR COURT CASE NO. 130623).
(**470) (NO ANNOUNCEMENTS)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:11 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, SEPTEMBER 14, 2004, AT 9:00 A.M.
R.J. BEELER, CHAIR
ORIGINAL SIGNED IN 2005 BY KIM K. YAMAGUCHI, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Officer and Clerk of the Board
By:
MINUTES PAGE 16 AUGUST 31, 2004