HomeMy WebLinkAboutM091305BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
Called to order at 9:09 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.
05 16-00 1 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
1. Courthouse Expansion Project - Notice of Completion - all
contract work has been completed in accordance with plans and
specifications - action requested - ACCEPT CONTRACT WORK;
APPROVE NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO SIGN;
AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. (FROM 8-
30-05 [3.25] )
AT THE REQUEST OF THE GENERAL SERVICES DIVISION, THIS ITEM REMOVED
FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM
WILL RETURN ON A SUBSEQUENT AGENDA.
2. Library Donations - pursuant to Government Code Section
25355, a donation of $9,005.35 has been received from the
estate of Helen R. Domalsky, ($5,506.35 for Chico Library
staff support hours and $3,500 for books) - action
requested - ACCEPT DONATION, EXPRESSING THE BOARD'S DEEP
APPRECIATION TO THE ESTATE OF HELEN R. DOMALSKY FOR THE
GENEROUS DONATION.
3. Mineral Business Appraisal - approval is requested for an
agreement with Mineral Business Appraisal for the preparation
of an appraisal of the Almond Avenue Gravel Pit. The term
of the agreement is 120 days from the receipt of the notice
to proceed, with a maximum amount payable of $25,000
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
4. Oroville Redevelopment Agency - Agreement to Sell Tax
Defaulted Properties - approval is requested, pursuant to the
Revenue and Taxation Code, for an agreement to sell 2 tax
defaulted properties to the Oroville Redevelopment Agency as
follows: 1330 Downer Street, Oroville, estimated sales price
of $105,228; 2450 Montgomery Street, Oroville, estimated
sales price of $37,654 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 1 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
CONSENT AGENDA
0516-002 1. California, Department of Pesticide Regulation - approval is
requested for a revenue agreement with the State of
California, Department of Pesticide Regulation, for funds to
provide electronic submission of quarterly pesticide use
reports to the State. The term of the agreement is
July 1, 2005, through June 30, 2006, with a maximum amount
payable to the County of $9,608 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R40797)
2. State of California, Department of Food and
Agriculture - approval is requested for a revenue agreement
with the State of California, Department of Food and
Agriculture, for funds to support the County's placing and
servicing of traps for the detection of exotic insect pests
which are considered hazardous to the agriculture and economy
of California, including but not limited to the Gypsy Moth,
Japanese Beetle and fruit flies such as the Olive Fruit Fly.
The term of the agreement is July 1, 2005, through
June 30, 2006, with a maximum amount payable to the County
of $68,374.10. Board approval is also requested to accept
and appropriate an allocation for Olive Fruit Fly activities
in the amount of $35,283 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET
TRANSFER B-054 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT. (Contract No. R40801)
3. Resolution Authorizing Examination of Sales and Use Tax
Records - approval is requested for a resolution which will
allow authorized representatives of the County to examine the
confidential sales and use tax records of the State Board of
Equalization pertaining to sales and use taxes collected by
the Board for the County, pursuant to Revenue and Taxation
Code Section 7056 - action requested - ADOPT RESOLUTION 05-
115 AND AUTHORIZE THE CHAIR TO SIGN.
4. State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested for an amendment
to the Combined Negotiated Net Amount and Drug/Medi-Cal
revenue agreement with the State of California, Department
of Alcohol and Drug Programs. The amendment decreases the
maximum amount payable to the County for fiscal year 2004-
2005 by $33,254, and revises the agreement's exhibits to
reflect the reduction. All other terms and provisions remain
the same - action requested - ADOPT RESOLUTION 05-116
APPROVING AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
AUTHORIZE THE CHAIR TO SIGN AMENDMENT SUBJECT TO REVIEW BY
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
R40688)
MINUTES
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BUTTE COUNTY BOARD OF SUPERVISORS
0516-002
MINUTES
PAGE 3
SEPTEMBER 13, 2005
MINUTES -SEPTEMBER 13, 2005
5. Thomas Lancaster, M.D. - approval is requested for a sole
source agreement with Thomas Lancaster, M.D. for the
provision of professional medical and psychiatric services
for department clients. The term of the agreement is
July 1, 2005, through June 30, 2006, with a maximum amount
payable of $64,525 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
6. Revised Agreement - S. Bonnie Lombardi dba Party Central -
on May 24, 2005, the Board approved a lease and agreement
with S. Bonnie Lombardi dba Party Central, for the vacant
property located adjacent to 2430 Bird Street, Oroville. The
property is used as a parking lot for the staff and clients
at the Bird Street facility. The agreement was approved
subject to review by County Counsel, and that review resulted
in a change to the agreement regarding Americans with
Disabilities Act requirements. As a result of that change,
the agreement is being resubmitted to the Board for approval.
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X15495)
7. Resolution Celebrating the 100t'' Birthday of the North State
Symphony - Supervisor Houx is requesting the Board adopt a
resolution celebrating the 100t'' Birthday of the North State
Symphony, formerly the Chico Symphony - action requested -
ADOPT RESOLUTION 05-117 AND AUTHORIZE THE CHAIR TO SIGN.
8. Volunteer Efforts for the Victims of Hurricane
Katrina - Hurricane Katrina has been described as the worst
natural disaster to hit the United States since the 1906 San
Francisco earthquake. The Red Cross and other reputable
agencies have a critical need for volunteers to help provide
aid. with the concurrence of the department director, and
according to procedures to be approved by Human Resources and
the Chief Administrative Officer, approval is requested to
allow Butte County employees release time to participate in
volunteer activities related to helping the victims of
Hurricane Katrina. Release time will be paid time off during
which the employee will continue to accrue benefits. The
program will be subject to meet and confer with employee
bargaining units - action requested - WITH THE CONCURRENCE
OF THEIR DEPARTMENT DIRECTOR, APPROVE RELEASE TIME FOR
EMPLOYEES WISHING TO VOLUNTEER TO AID THE VICTIMS OF
HURRICANE KATRINA, SUBJECT TO PROCEDURES APPROVED BY HUMAN
RESOURCES AND THE CHIEF ADMINISTRATIVE OFFICER.
9. Reissue Time-Expired Check - approval is requested to reissue
time-expired check number 1420-579240 in the amount of
$190.99, dated September 21, 2001. The Auditor-Controller has
verified that the check is time expired and has not been
reissued - action requested - DIRECT AUDITOR-CONTROLLER TO
REISSUE TIME-EXPIRED CHECK.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
0516-002 10. Lee Rosenthal - Amendment - approval is requested for an
amendment to the agreement with Lee Rosenthal for the
provision of legal services in the area of redevelopment.
The amendment increases the billing rate by $20 per hour
(County Service Area 114 Funds). 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. X11464)
11. Tri-County Economic Development Corporation - Amendment -
approval is requested for an amendment to the Master
Subrecipient Agreement with Tri-County Economic Development
Corporation for services in support of the Community
Development Block Grant (CDBG) Program. The amendment adds
Exhibit Nos. 18, 19, and 20 to the agreement, providing for
administration and implementation activities associated with
the various CDBG Planning and Technical Assistance
activities, and the Butte County Business Incubator Program.
Funding for the additional services and activities is
provided by grant funds and CDBG Program Income. All other
terms and provisions remain the same. To provide for a more
streamlined method of tracking the various CDBG grants and
activities, Board approval is also requested to transfer
funds to newly created budget units under a single fund
designation - action requested - APPROVE AGREEMENT AMENDMENT,
EXHIBIT NUMBERS 18, 19 AND 20, AND AUTHORIZE THE ASSISTANT
CHIEF ADMINISTRATIVE OFFICER TO SIGN; AND APPROVE8 BUDGET
TRANSFER B-055 (4/5 vote required) TRANSFERRING AND
ALLOCATING FUNDS AS DETAILED IN THE AGENDA REPORT.
12. The Ferguson Group, L.L.C. - Amendment - approval is
requested for an amendment to the agreement with The Ferguson
Group, L.L.C., for the provision of legislative advocacy
services for the County. The group pursues federal
appropriations in areas such as transportation, water quality
and resources, homeland security, and communications. The
amendment adds language to allow for termination by either
party upon 60 days written notice, and extends the term of
the agreement through September 30, 2006. 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. X15254)
13. Health Insurance Incentives Revenue - approval is requested
to accept and appropriate $2,073 of unexpended fiscal year
2001-2002 Health Insurance Incentive Funds. The State
Department of Child Support Services has approved an
extension of the County's time to expend the funds - action
requested - APPROVE BUDGET TRANSFER B-056 (4 /5 vote required)
ACCEPTING AND APPROPRIATING PRIOR YEAR FUNDS AS DETAILED IN
THE AGENDA REPORT.
MINUTES
PAGE 4 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
0516-002 14. Special Districts - Appointments in Lieu of Elections -
California Elections Code Section 10515 allows the Board of
Supervisors to appoint various special district board members
for districts scheduled to elect members on November 8, 2005,
where the number of persons filing a declaration of candidacy
is equal to or less than the number of offices to be filled,
and there was no petition submitted calling for an election.
The Clerk-Recorder submits a Certificate of Facts-Exhibit A,
listing the following appointments to be made pursuant to the
Elections Code: Berry Creek Community Services District -
Miguel Calvo and Joe G. Holsworth. Drainage District
No. 100 - Michael w. Arens. Richvale Sanitary District -
Dennis Thengvall and Thomas R. warner. All appointments are
for 4 year terms - action requested - APPOINT NOMINEES.
15. Special Districts - Insufficient Nominee Appointments in Lieu
of Elections - submitted is a list of special districts
wherein no person filed a declaration of candidacy for any
office, and where there was no petition submitted calling for
an election. Pursuant to California Elections Code Section
10515, the Board may appoint any qualified person to office
at any time on or before November 22, 2005. Following is a
list of offices that require appointment: Berry Creek
Community Services District - 1 Director for a 4 year term.
The candidate shall be a registered voter residing within the
District. Buzztail Community Services District - 1 Director
for a 4 year term. The candidate shall be a registered voter
residing within the District. Richardson Springs Community
Services District - 3 Directors for 4 year terms. The
candidates shall be registered voters residing within the
District. The Clerk of the Board will return requests for
appointment to the Board for action as they are received, and
when appointments are made, will issue the Certificate of
Appointment and Oath of Office - action requested - ACCEPT
FOR INFORMATION.
16. Parent Education Network - Amendment - approval is requested
for an amendment to the agreement with Parent Education
Network for the provision of parenting classes to Children's
Services clients. The amendment extends the term of the
agreement through June 30, 2006, increases the maximum amount
payable by $10,000 (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. X14975)
MINUTES
PAGE 5 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
0516-002 17. Butte County Department of Public Health -
Amendment - approval is requested for an amendment to the
Memorandum of Understanding with the Butte County Department
of Public Health for the provision of Public Health Nurses
to provide services to clients of the Adult Protective
Services, In-Home Supportive Services/Personal Care Services,
and Children's Services programs. The amendment reduces the
maximum amount payable for fiscal year 2005-2006 by $65,000
to reflect final budget amounts for services, reduces the
number of nurses from 5 to 4, includes language regarding
Health Insurance Portability and Accountability Act
compliance, and revises the agreement's exhibits to reflect
the changes in rate of payment. 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. 14412)
18. The CSU, Chico Research Foundation - Amendment - approval is
requested for an amendment to the agreement with The CSU,
Chico Research Foundation, for the provision of map data
files to enhance the department's Computer Aided Dispatch
database. The amendment increases the maximum amount payable
by $30,000 (department budget). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X15516)
19. Volunteer Fire Assistance Grant - 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 Grant Program. The grant will
provide $20,000, with a required $20,000 (department budget)
County match for the purchase of a Thermal Imaging Camera -
action requested - ADOPT RESOLUTION 05-118 APPROVING GRANT
AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO
SIGN GRANT AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL.
(Contract No. R40811)
20. Courthouse Expansion Project - Budget Transfer - approval is
requested to accept and appropriate $19,335 received from the
Superior Court of California, County of Butte, to provide the
appropriation needed to fund Contract Change Orders 31 and
32 for the Courthouse Expansion Project - action requested -
APPROVE BUDGET TRANSFER B-057 (4 /5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
MINUTES
PAGE 6 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
0516-002 21. The Zahn Group, Inc. - Amendment - approval is requested for
an amendment to the agreement with The Zahn Group, Inc., for
construction management services for the Courthouse Expansion
Project. The amendment extends the completion date to
August 31, 2005, increases the maximum amount payable by
$17,515.91, and revises the Scope of work to include language
regarding expenses/compensation rates for the Project
Director, Construction Manager and Project Coordinator. All
other terms and provisions remain the same. Board approval
is also requested to accept and appropriate funding from the
Superior Court of California, County of Butte, for the
amendment - 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-058 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
22. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which will amend the salary ordinance
as follows: PUBLIC WORKS - adds 2 positions of Road
Maintenance Worker/Road Maintenance Assistant. PUBLIC
HEALTH-GENERAL SERVICES - deletes 1 position of Public Health
Education Specialist, Senior/Public Health Education
Specialist/Public Health Education Specialist, Associate.
Adds 1 position of Accountant, Senior/Accountant, 1 position
of Deputy Director, Public Health Nursing, 1 position of
Dental Hygienist, and 1 position of Supervisor, Therapist.
PUBLIC HEALTH-ENVIRONMENTAL HEALTH - deletes 1 position of
Administrative Assistant. Adds 1 position of Administrative
Assistant/Office Specialist, Senior/ Office Specialist/Office
Assistant. NEAL ROAD SANITARY LANDFILL-MANAGEMENT - adds 2
positions of Landfill Maintenance worker, Senior/Landfill
Maintenance Worker. SALARY PLAN FOR CLASSIFIED POSITIONS,
REFERENCE C, GENERAL UNIT CLASSIFICATIONS - adds the
classification of Dental Hygienist ($17.85-$21.70). SALARY
PLAN FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT,
CONFIDENTIAL AND SUPERVISORY UNIT CLASSIFICATIONS - adds the
classifications of Deputy Director, Public Health Nursing
($27.92-$33.94), and Supervisor, Therapist ($26.59-$32.32) -
action requested - ADOPT RESOLUTION 05-119 AND AUTHORIZE THE
CHAIR TO SIGN.
23. Emergency Medical Services Appropriation - the State
Department of Health Services has notified the County of the
availability of $247,595 from the Emergency Medical Services
Appropriation (EMSA) for fiscal year 2005-2006. The funds
will be used for reimbursement of uncompensated emergency
medical services. Approval is requested for a Declaration
of Intent (Option 2) not to administer the County's Emergency
Medical Services allocation. This option authorizes the
State Department of Health Services to administer the EMSA
on behalf of the County through the EMSA Contract Back
Program - action requested - APPROVE DECLARATION OF INTENT,
OPTION 2, AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PAGE 7 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
0516-002 24. Nutrition Services Grant - approval is requested for a grant
agreement with The CSU, Chico Research Foundation, acting as
lead agency for the Sierra Cascade Nutrition and Activity
Consortium, for funds to provide nutrition services. The
term of the agreement is October 1, 2004, through
September 30, 2005, with a maximum amount payable to the
County of $53,095 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
25. California Family Health Council, Inc. - Amendment - approval
is requested for an amendment to the grant agreement with the
California Family Health Council, Inc., for funds to support
the Healthy Options for Teens Initiative. The amendment
increases the maximum amount payable to the County by
$28,500, and revises the agreements amendments to reflect the
increase. All other terms and provisions remain the same.
Board approval is also requested to accept and appropriate
$6,587 of the revenue for grant related expenses - 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-059 (4/5
vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE AS DETAILED IN THE AGENDA REPORT. (Contract No.
R40767)
26. Butte County Children and Families Commission - Amendment -
approval is requested for an amendment to the grant agreement
with the Butte County Children and Families Commission for
funds to help support the Children's Dental Program. The
amendment extends the term of the agreement through
June 30, 2007, increases the grant amount payable to the
County by $100,000, and revises the agreements exhibits to
reflect the changes. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X15096)
27. San Diego State University Research Foundation - approval is
requested for a grant agreement with the San Diego State
University Research Foundation for funds to support enhanced
injury prevention efforts. The term of the agreement is
July 29, 2005, through June 16, 2006, with a maximum amount
payable to the County of $12,000. Board approval is also
requested to accept and appropriate $9,800 of the revenue -
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-061 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
MINUTES
PAGE 8 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
0516-002 28. Fixed Asset Purchase - approval is requested for the fixed
asset purchase of a computer program for the Animal Control
Division in the amount of $19,811 ($15,311 for software,
$4,500 for training). The software program is a fully
integrated web-based animal control and shelter program that
will enhance all aspects of animal and data management.
Funding for the purchase is available using Animal Control
Realignment Sales Tax funds and Board approval is also
requested for a budget transfer to provide the needed
allocation - action requested - APPROVE FIXED ASSET PURCHASE;
APPROVE PURCHASE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE BUDGET TRANSFER B-060 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE
AS DETAILED IN THE AGENDA REPORT.
29. 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 Butte County Animal
Control. The term of the agreement is July 1, 2005, through
June 30, 2006, with a maximum amount payable of $237,962
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
30. Construction of Site Improvements at the Neal Road Sanitary
Landfill - approval is requested to seek bids for the
construction of site improvements at the Neal Road Sanitary
Landfill to facilitate the placement of a modular building
on the site. The work will consist of grading, drainage
improvements, aggregate base and asphalt concrete surfacing,
utilities, communications and waste water improvements -
action requested - AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO
RELEASE AN INVITATION FOR BIDS FOR CONSTRUCTION OF SITE
IMPROVEMENTS.
31. Federal Emergency Management Agency - approval is requested
for a Cooperating Technical Partners Memorandum of Agreement
with the Federal Emergency Management Agency. The agreement
concerns the responsibilities and information gathering
process associated with the updating and conversion of Flood
Insurance Rate Maps to a digital format compatible with the
County's Geographic Information System. The agreement will
have no fiscal impact to the County - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES
PAGE 9 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
0516-002 32. Resolution of the Board of Supervisors of Butte County
Authorizing the Issuance of 2005-2006 Tax and Revenue
Anticipation Notes for Butte County Office of
Education - approval is requested by the Butte County Office
of Education to issue Tax and Revenue Anticipation Notes
(TRAM) for 2005-2006. Government Code Section 53853 provides
that such notes must be issued in the name of the Office of
Education by the Board of Supervisors of the County. The
Office of Education is requesting authorization to issue Tax
and Revenue Anticipation Notes in an amount not to exceed
$32,500,000. The notes will be a general obligation of the
Office of Education. The County has no fiduciary
responsibility as to repayment of the notes - action
requested - ADOPT RESOLUTION 05-120 AND AUTHORIZE THE CHAIR
TO SIGN.
33. Richvale Irrigation District - the Richvale Irrigation
District submits a certification that the number of persons
who have filed a Declaration of Candidacy for the position
of Director does not exceed the number of offices to be
filled and that no petition requesting a General District
Election has been presented to the District. Pursuant to
Elections Code Section 10515, the District is requesting the
Board appoint the persons who have filed Declarations of
Candidacy - action requested - APPOINT GENE C. HARRIS AND
WALTER K. MEYER, DIRECTORS, TO TERMS TO END DECEMBER 4, 2009.
34. Western Canal Water District - the Western Canal Water
District submits a certification that the number of persons
who have filed a Declaration of Candidacy for the position
of Trustee does not exceed the number of offices to be filled
and that no petition requesting a General District Election
has been presented to the District. Pursuant to Elections
Code Section 10515, the District is requesting the Board
appoint the persons who have filed Declarations of
Candidacy - action requested - APPOINT MILTON J. LAMALFA AND
LANCE TENNIS, TRUSTEES, TO TERMS TO END DECEMBER 4, 2009; AND
APPOINT ERIC F. LARRABEE, TRUSTEE, TO A TERM TO END
DECEMBER 7, 2007.
35. Butte Water District - the Butte Water District submits a
certification that the number of persons who have filed a
Declaration of Candidacy for the position of Director does
not exceed the number of offices to be filled and that no
petition requesting a General District Election has been
presented to the District. Pursuant to Elections Code
Section 10515, the District is requesting the Board appoint
the persons who have filed Declarations of Candidacy - action
requested - APPOINT ROBERT C. WALLER, GREGORY CORREA AND JOE
BOZZO, DIRECTORS, TO TERMS TO END DECEMBER 4, 2009.
MINUTES
PAGE 10 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 13, 2005
0516-002 MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE NOTATION
THAT THE BACKUP FOR ITEM 3.11 HAS BEEN REVISED BY THE
AUDITOR'S OFFICE TO CORRECT BUDGET NUMBERS AND AMOUNTS
TO THOSE CURRENTLY ON RECORD IN THEIR OFFICE AND THOSE
CORRECTIONS HAVE BEEN PROVIDED TO THE CLERK OF THE
BOARD, AND THE REMOVAL OF ITEMS 3.22, 3.24, 3.33, AND
3.36.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0516-003 Boards, Commissions and Committees. (195)
1. Appointments to Listed Vacancies.
MOTION: I MOVE TO APPOINT TO THE CHICO MEMORIAL HALL COMMITTEE GEORGE A.
HOLLAND, DELEGATE, AND BILL CORBETT, ALTERNATE, DISABLED AMERICAN
VETERANS CHAPTER 135 REPRESENTATIVES; JOHN SCHULZ, DELEGATE, AND
ED LADD, ALTERNATE, AMERICAN VETERANS REPRESENTATIVE; GLEN MCCORD,
DELEGATE, AND WILLIAM E. SCHNOERING, ALTERNATE, AMERICAN LEGION
CHICO POST NO. 17 REPRESENTATIVES; FLOYD R. MORRILL, DELEGATE, AND
HERBERT BREWSTER, ALTERNATE, VETERANS OF FOREIGN WARS NO. 1555
REPRESENTATIVES; AND SCOTT WILL, DELEGATE, AND RICHARD SNOW,
ALTERNATE, VIETNAM VETERANS OF AMERICA, CHAPTER 582
REPRESENTATIVE, ALL TO TERMS TO END JUNE 30, 2006.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR YAMAGUCHI PRESENTS A RESOLUTION CELEBRATING THE 100Tx
BIRTHDAY OF THE NORTH STATE SYMPHONY TO KEITH HERRITT, PHYLLIS
DILTS, AND HELGA RUGE, NORTH STATE SYMPHONY.
2. Board Member or Committee Reports.
SUPERVISOR JOSIASSEN PROVIDED A REPORT ON A CALIFORNIA STATE
ASSOCIATION OF COUNTIES MEETING HELD LAST WEEK AND EXPLAINED THE
POSITION THAT GROUP TOOK ON VARIOUS PROPOSED PROPOSITIONS ON THE
NOVEMBER BALLOT.
SUPERVISOR CONNELLY PROVIDED A REPORT ON THE BUTTE COUNTY FIRE
SAFE COUNCIL MEETING AND MENTIONED THAT THE FIRE DEPARTMENT HAS
PROVIDED ASSURANCE THAT FIRE TOWERS ARE MANNED ON RED FLAG DAYS.
CHAIR YAMAGUCHI REPORTED THAT SEPTEMBER IS DOMESTIC VIOLENCE
AWARENESS MONTH AND WANTED TO RAISE AWARENESS THAT THE ISSUE
CROSSES ALL ECONOMIC LINES.
3. Creation of Tribal Relations Sub-committee - consideration
of the creation of a Tribal Relations Sub-committee of the
Board for the purpose of discussing mutual concerns with the
four federally-recognized Tribes located in Butte County -
action requested - CREATE A TRIBAL RELATIONS SUB-COMMITTEE
OF THE BOARD; AND APPOINT TWO MEMBERS.
MINUTES
PAGE 11
SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
0516-003 MOTION: I MOVE TO HAVE THIS SUB-COMMITTEE SUBSUMED INTO THE
INDIAN GAMING LOCAL COMMUNITY BENEFIT COMMITTEE
(SUPERVISOR CONNELLY AND SUPERVISOR JOSIASSEN).
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0516-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (812) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, INFORMED THE BOARD THAT THE LEGISLATURE HAS ADJOURNED FOR
THE 2005 SESSION, AND HIGHLIGHTED SEVERAL BILLS OF INTEREST TO THE
COUNTY. RICHARD PRICE, AGRICULTURAL COMMISSIONER, DISCUSSED
SENATE BILL 455, A BILL REGARDING STRENGTHENING THE PESTICIDE
ENFORCEMENT PROGRAM, AND REQUESTED THE BOARD APPROVE A LETTER OF
OPPOSITION TO THE BILL.
MOTION: I MOVE TO APPROVE A LETTER OF OPPOSITION TO SENATE BILL 455.
M S
VOTE: l Y 2 NV 3 Y 4 Y 5 Y (Motion Carried)
0516-005 Butte County Department of Behavioral Health - Report to the
Board - report on the Prevention Unit's receipt of 2 awards from
the National Association of State Alcohol and Drug Abuse Directors
for the Friday Night Live Mentoring and Friday Night Live/Club
Live programs - action requested - ACCEPT FOR INFORMATION. (1215)
PRESENTATION TO THE BOARD BY BRAD LUZ, DIRECTOR-BEHAVIORAL HEALTH,
AND STAFF MEMBERS CARY YASUHARA, TONYA BASS, JOHN LOPEZ, AND JODI
DRYSDALE.
RECESS: 9:59 A.M.
RECONVENE: 10:16 A.M.
0516-006 Response to the 2004-2005 Grand Jury Final Report - submitted is
the draft Board of Supervisors' response to the findings and
recommendations contained in the 2004-2005 Grand Jury Final
Report. The report also includes a copy of the responses provided
directly to the Presiding Judge from the elected and appointed
department heads - action requested - APPROVE THE DRAFT RESPONSE
AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SUBMIT THE
REPORT TO THE PRESIDING JUDGE OF THE SUPERIOR COURT OF CALIFORNIA,
COUNTY OF BUTTE. (1891)
MOTION: I MOVE TO APPROVE THE DRAFT RESPONSE AND AUTHORIZE THE CHIEF
ADMINISTRATIVE OFFICER TO SUBMIT THE REPORT TO THE PRESIDING JUDGE
OF THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF BUTTE.
M S
VOTE: l Y 2 Y 3 N 4 Y 5 Y (Motion Carried)
MINUTES
PAGE 12 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
PUBLIC HEARINGS AND TIMED ITEMS
0516-007 Public Hearing - Chico Area Recreation and Park District Fees -
consideration of a resolution, pursuant to Butte County Code
Section 16-33, increasing the amount of park facility fees for the
area within the Chico Area Recreation and Park District - action
requested - ADOPT RESOLUTION INCREASING PARK FACILITY FEES IN THE
CHICO AREA RECREATION AND PARK DISTRICT AND AUTHORIZE THE CHAIR TO
SIGN. (2469) (**00)
PUBLIC HEARING OPENED: 10:30 A.M.
PUBLIC HEARING CLOSED: 10:42 A.M.
MOTION: I MOVE THAT THIS BOARD ASK THE CHICO AREA RECREATION AND PARK
DISTRICT BOARD'S CONSIDERATION FOR A SOMEWHAT SMALLER INCREASE AND
ALSO IF THEY ARE INTERESTED IN PURSUING LEGISLATION TO GIVE THEM
THE FULL AUTHORITY TO IMPOSE THESE FEES INSTEAD OF COMING TO THE
BOARD.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
REGULAR AGENDA
0516-008 HR 2389 Secure Rural Schools and Community Self-Determination Act
of 2000 (Federal Fire Safe Funding) Fiscal Year 2005-2006 Project
Authorization - submitted are the recommendations for the fiscal
year 2005-2006 HR 2389 funding submitted by the Fire Safe Council.
A master agreement to implement the approved projects is
submitted for Board consideration. Approval is also requested to
accept and appropriate prior year unexpended funds - action
requested - APPROVE THE HR 2389 PROJECTS FOR FISCAL YEAR 2005-2006
AS RECOMMENDED BY THE BUTTE COUNTY FIRE SAFE COUNCIL; APPROVE A
BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING
PRIOR YEAR FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE
MASTER AGREEMENT WITH THE FIRE SAFE COUNCIL FOR IMPLEMENTATION OF
THE PROJECTS (WITH THE EXCEPTION OF PROJECTS TO BE AWARDED TO CDF
AND BUTTE COUNTY FIRE AS DETAILED IN THE AGENDA REPORT) AND
AUTHORIZE THE CHAIR TO SIGN. (**96)
ITEM REMOVED FROM THE CONSENT AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION. THIS ITEM WILL RETURN ON A SUBSEQUENT AGENDA.
0516-009 Revised Financial Assurance Documents for the Neal Road Sanitary
Landfill - consideration of 2 resolutions giving financial
assurances for closure and post-closure activities and maintenance
plans for the Neal Road Landfill as required by the California
Integrated waste Management Board. The proposed resolutions
provide revised closure estimates which will allow the County to
apply for a withdrawal of surplus closure funds following Phase I
activities which can then be applied to Phase II activities -
action requested - ADOPT RESOLUTIONS (2) AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE A PLEDGE OF REVENUE AGREEMENT FOR POSTCLOSURE
MAINTENANCE OF THE NEAL ROAD SANITARY LANDFILL AND AUTHORIZE THE
DIRECTOR-PUBLIC WORKS TO SIGN. (**101)
MINUTES
PAGE 13 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 13, 2005
0516-009 MOTION: I MOVE TO ADOPT RESOLUTIONS 05-121 AND 05-122 AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE A PLEDGE OF
REVENUE AGREEMENT FOR POSTCLOSURE MAINTENANCE OF THE
NEAL ROAD SANITARY LANDFILL AND AUTHORIZE THE DIRECTOR-
PUBLIC WORKS TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0516-010 Items Removed from the Consent Agenda for Board Consideration and
Action. (**995)
1. Library Donations - pursuant to Government Code Section
25355, a donation of $9,005.35 has been received from the
estate of Helen R. Domalsky, ($5,506.35 for Chico Library
staff support hours and $3,500 for books) - action
requested - ACCEPT DONATION, EXPRESSING THE BOARD'S DEEP
APPRECIATION TO THE ESTATE OF HELEN R. DOMALSKY FOR THE
GENEROUS DONATION.
SUPERVISOR HOUX ACKNOWLEDGES THE GENEROUS DONATION FROM THE
ESTATE OF HELEN R. DOMALSKY.
MOTION: I MOVE TO ACCEPT THE DONATION, EXPRESSING THE BOARD'S DEEP
APPRECIATION TO THE ESTATE OF HELEN R. DOMALSKY FOR THE GENEROUS
DONATION.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Mineral Business Appraisal - approval is requested for an
agreement with Mineral Business Appraisal for the preparation
of an appraisal of the Almond Avenue Gravel Pit. The term
of the agreement is 120 days from the receipt of the notice
to proceed, with a maximum amount payable of $25,000
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
MOTION: I MOVE TO APPROVE THE 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)
3. Oroville Redevelopment Agency - Agreement to Sell Tax
Defaulted Properties - approval is requested, pursuant to the
Revenue and Taxation Code, for an agreement to sell 2 tax
defaulted properties to the Oroville Redevelopment Agency as
follows: 1330 Downer Street, Oroville, estimated sales price
of $105,228; 2450 Montgomery Street, Oroville, estimated
sales price of $37,654 - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO AUTHORIZE THE TREASURER TO NEGOTIATE WITH THE CITY OF
OROVILLE REDEVELOPMENT AGENCY TO PURCHASE THE PROPERTY LOCATED AT
2450 MONTGOMERY STREET, OROVILLE, FOR A MUCH REDUCED AMOUNT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PAGE 14
SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
RECESS: 11:27 A.M.
RECONVENE : 11:3 3 A . M .
PUBLIC COMMENT
0516-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. (**1475)
1. BRENDA MUNOS, UNITED DOMESTIC WORKERS, ADDRESSED THE BOARD
TO INTRODUCE A STUDY SHOWING HOW BUTTE COUNTY CAN LIFT
HOMECARE WORKERS OUT OF POVERTY AND AT THE SAME TIME BOOST
THE LOCAL ECONOMY, AND REQUESTED TO BE PLACED ON THE AGENDA
TO FORMALLY PRESENT THE STUDY.
2. GOLDEN SIESMORE ADDRESSED THE BOARD TO REQUEST PLACEMENT OF
THE STUDY ON THE AGENDA.
3. LYNN BARBIE ADDRESSED THE BOARD TO REQUEST THE STUDY BE
PLACED ON THE AGENDA, AND TO REQUEST HIGHER WAGES AND
BENEFITS FOR WORKERS.
4. SHEENA HUME ADDRESSED THE BOARD TO REQUEST THE STUDY BE
PLACED ON THE NEXT BOARD AGENDA.
5. LARRY TROSEN ADDRESSED THE BOARD TO REQUEST THE STUDY BE
PLACED ON THE NEXT BOARD AGENDA.
6. W.R. SAM ADDRESSED THE BOARD TO REQUEST THE STUDY BE PLACED
ON THE NEXT AGENDA.
MINUTES
PAGE 15 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 13, 2005
CLOSED SESSION
0516-012 RECESS: THE BOARD RECESSED AT 11:48 A.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
INITIATION OF LITIGATION PURSUANT TO GOVERNMENT
CODE SECTION 54956.9(0): ONE POTENTIAL CASE; A
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; A 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); AND 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.
ITEM 7.03(2), DEORLE V. RUTHERFORD (UNITED STATES
DISTRICT COURT CASE CIV-S-97-0434 LKK/PAN), WAS
REMOVED FROM THE AGENDA WITHOUT DISCUSSION.
MINUTES
PAGE 16 SEPTEMBER 13, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 13, 2005
0 516 - 012 RECONVENE : THE BOARD RECONVENED AT 2 : 0 8 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; A
CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE
POTENTIAL CASE; A 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); AND 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. (NO ANNOUNCEMENTS)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:08 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, SEPTEMBER 27, 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
SEPTEMBER 13, 2005