HomeMy WebLinkAboutM091404BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
CALL TO ORDER
Called to order at 9:04 a.m., in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan, Houx, Josiassen, Yamaguchi and Chair
Beeler. Also present: Paul McIntosh, Chief Administrative
Officer; Bruce Alpert, County Counsel; and 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. (88)
CONSENT AGENDA
0417-001 1. Budget Transfer - approval is requested to transfer $59,898
between the Behavioral Health Department and the Public
Health Department to fund the cost of a Public Health Nurse
working in Youth System of Care programs - action requested -
APPROVE BUDGET TRANSFER B-047 (4/5 vote required)
TRANSFERRING, ACCEPTING AND APPROPRIATING REVENUE AS DETAILED
IN THE AGENDA REPORT.
2. Accept Unanticipated Revenue and Budget Transfer - approval
is requested to accept and appropriate $898,462 of additional
Federal Financial Participation (FFP) and Early and Periodic
Screening Diagnosis and Treatment (EPSDT) program funds to
a new revenue account to provide for payment of contracted
youth organizational providers. Other FFP and EPSDT revenue
within the department's budget will also be transferred to
the new revenue account - action requested - APPROVE BUDGET
TRANSFER B-048 (4/5 vote required) ACCEPTING, APPROPRIATING
AND TRANSFERRING REVENUE AS DETAILED IN THE AGENDA REPORT.
3. Glenn County Health Services - approval is requested for a
revenue agreement with Glenn County Health Services for the
provision of acute psychiatric inpatient care to residents
of Glenn County. The term of the agreement is July 1, 2004,
through June 30, 2005, and provides a maximum amount payable
to the County of $80,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MINUTES
PAGE 1 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
0417-001 4. Butte County Probation Department/Butte County Department of
Behavioral Health - Amendment - approval is requested for an
amendment to the Memorandum of Understanding with the
Probation Department for assignment of three part-time
Probation Officers to the Inter-Agency Services Placement
Unit for delivery of SB933 services. The amendment extends
the term of the agreement through June 30, 2005, and
increases the maximum amount payable to the Probation
Department by $10,000 (department budget) for the extended
term. All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X13369)
5. Butte County Department of Employment and Social
Services/Butte County Department of Behavioral Health -
Amendment - approval is requested for an amendment to the
Memorandum of Understanding with the Department of Employment
and Social Services for assignment of a full-time Social
worker to the Inter-Agency Services Placement Unit for
delivery of SB933 services. The amendment extends the term
of the agreement through June 30, 2005, and increases the
maximum amount payable to the Department of Employment and
Social Services by $20,000 (department budget) for the
extended term. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13410)
6. Response to the 2003-2004 Grand Jury Final Report - submitted
is the draft Board of Supervisors' response to the findings
and recommendations contained in the 2003-2004 Grand Jury
Final Report. The report also includes a copy of the
responses provided directly to the Presiding Judge from the
elected and appointment 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.
7. The Ferguson Group - approval is requested for an agreement
with the Ferguson Group for the provision of legislative
advocacy services for the County. The group will pursue
federal appropriations for areas such as transportation,
water quality and resources, homeland security, and
communications. The cost of the agreement is $80,000 per
fiscal year, and Board approval is also requested for a
transfer from the General Fund Appropriation for
Contingencies to provide the needed funding - action
requested - AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
ENTER INTO AN AGREEMENT WITH THE FERGUSON GROUP FOR
LEGISLATIVE ADVOCACY SERVICES, SUBJECT TO REVIEW OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-049 (4 /5 vote required) ACCEPTING AND
APPROPRIATING REVENUE FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES AS DETAILED IN THE AGENDA REPORT.
MINUTES
PAGE 2 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
0417-001 8. Unanticipated Revenue - approval is requested to accept and
appropriate $2,203 received from the sale of a department
vehicle to the Sheriff's Office - action requested - APPROVE
BUDGET TRANSFER B-050 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
9. Approval of Minutes - action requested - APPROVE MINUTES OF
MAY 11, 2004, AND AUGUST 17, 2004.
10. 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 in the November 2,
2004, election but 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: El
Medio Fire Protection District - Gary R. Nystuen and
Elizabeth Thayer; Durham Irrigation District- Division 2 -
Raymond Cooper; South Feather water and Power Agency-Division
2 - Vivian Meyer; Paradise Irrigation District-Division 1 -
Claude Powers; Paradise Irrigation District-Division 5 - Rick
Hall; Thermalito Irrigation District-Division 2 - Gary Allen;
Thermalito Irrigation District-Division 4 - Stan Huston; Lake
Oroville Area Public Utility District - T.C. Dennis and Keith
J. Fraser; Durham Recreation and Park District - Roy Farrell
and Casey Sohnrey; Paradise Recreation and Park District -
Marc F. Grosso and Morgan Miller; and Richvale Recreation and
Park District - Audrey F. Stephens and Gregory A. Stephens.
All appointments are for 4 year terms - action requested -
APPOINT NOMINEES.
11. 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 9, 2004. Following is a
list of offices that require appointment: El Medio Fire
Protection District, 1 position for a 4 year term, and 1
position for a 2 year term (a candidate for District Director
shall be a registered voter of the District); Durham
Irrigation District-Division 3, 1 position for a 4 year term
(a candidate for District Director shall be a voter and a
landowner in the District and a resident of the division that
he or she represents at the time of his or her nomination and
through his or her entire term) 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.
MINUTES
PAGE 3 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
0417-001 12. Willdan - Amendment - approval is requested for an amendment
to the agreement with Willdan for the provision of plan
examination and building inspection services for the
department. The amendment increases the maximum amount
payable by $50,001 (department budget) to fund continued
services through June 2005. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X14838)
13. Notice of Non-Renewal - Williamson Act Agreement - approval
is requested to accept a Notice of Non-Renewal for a
Williamson Act Agreement with Wayne and Kathy Birkholz, APN
026-250-021, Williamson Act Contract Instrument Number 68964,
Book 1565, Pages 476 through 482 - action requested - ACCEPT
NOTICE OF NON-RENEWAL AND DIRECT RECORDING OF NOTICE.
14. Fee Collection for Archeological Records Review Services -
approval is requested for a resolution which will authorize
the Department of Development Services to collect the fees
established by the Northeast Information Center, California
State University, Chico, for performance of archeological
records review for discretionary land use projects subject
to the California Environmental Quality Act. Fees for
performing the search will be collected from the project
applicant by the County and the County will then transmit
those fees to the Northeast Information Center for the
records review services provided - action requested - ADOPT
RESOLUTION 04-166 AND AUTHORIZE THE CHAIR TO SIGN.
15. HR 2389 Secure Rural Schools and Community Self-Determination
Act of 2000 Funding - approval is requested to accept and
appropriate supplemental HR 2389 Secure Rural Schools and
Community Self-Determination Act of 2000 funds in the amount
of $2,096. The funds are the difference between the
department's budgeted amount for the revenue and the actual
revenue received - action requested - APPROVE BUDGET TRANSFER
B-051 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT.
MINUTES
PAGE 4 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
0417-001 16. Introduction of a Salary Ordinance Amendment - the department
has prepared a salary ordinance which reflects changes
contained in the fiscal year 2004-2005 final budget as
follows: AUDITOR-CONTROLLER - deletes one flexibly staffed
position of Accounting Specialist/Senior Account
Clerk/Account Clerk, and one position of Auditor-Accountant
III/II. PURCHASING - deletes one position of Buyer III/II/I.
TREASURER-TAX COLLECTOR - deletes one position of Information
Systems Technician III/II/I. ASSESSOR - deletes one flexibly
staffed position of Appraisal Specialist/Assessment Clerk
III/II, one flexibly staffed position of Appraiser
III/I/I/Appraisal Specialist, one position of Assessment
Clerk II/I, one flexibly staffed position of Cadastral
Drafting Technician/Drafting Aide, and one flexibly staffed
position of Secretary I/ Administrative Services Assistant.
COUNTY COUNSEL - deletes one position of Deputy County
Counsel IV/III/II/I. DISTRICT ATTORNEY-CRIMINAL - deletes
one position of Assistant District Attorney effective
February 28, 2005, and one half-time flexibly staffed
position of Legal Typist Clerk/Office Assistant III/II/I.
DISTRICT ATTORNEY-CHILD SUPPORT INVESTIGATIONS - deletes one
and a half positions of District Attorney Investigator II/I,
and one position of Investigative Assistant. DISTRICT
ATTORNEY-CHILD ABDUCTION - deletes one position of District
Attorney Investigator II/I. DISTRICT ATTORNEY-WELFARE
FRAUD - deletes one position of District Attorney
Investigator II/I. SHERIFF-CORONER-SERVICES - deletes one
position of Deputy Sheriff, one position of Public Safety
Dispatcher, one position of Sheriff's Sergeant, and one
position of Sheriff's Lieutenant. Adds one position of
Information Systems Analyst III/II/I, and two positions of
Information Systems Technician II/I. SHERIFF-CORONER -
OPERATIONS - deletes two positions of Deputy Sheriff, and one
sunset position of Deputy Sheriff (position end date 12-31-
04). SHERIFF-CORONER - RURAL COUNTY SUPPLEMENTAL FUNDING -
deletes two positions of Deputy Sheriff, one position of
Information Systems Analyst III/II/I, two positions of
Information Systems Technician II/I, and one position of
Sheriff's Clerk III/II. PROBATION-JUVENILE HALL - deletes
eight positions of Juvenile Hall Counselor II/I, and one and
a half positions of Office Assistant III/II/I. PROBATION -
deletes three positions of Probation Technician. PROBATION-
BOARD OF CONTROL GRANT - deletes one half-time flexibly
staffed position of Legal Secretary/Legal Typist Clerk/Office
Assistant III. DEVELOPMENT SERVICES - deletes one flexibly
staffed position of Secretary I/Office Assistant III. Adds
one flexibly staffed position of Secretary II/I/Office
Assistant III. PUBLIC WORKS-CONSTRUCTION AND MAINTENANCE -
deletes two flexibly staffed positions of Assistant
Engineer/Junior Engineer, one flexibly staffed position of
Associate Civil Engineer/Associate Engineer/Assistant
Engineer, one flexibly staffed position of Associate
Surveyor/Assistant Surveyor, and six flexibly staffed
positions of Road Maintenance worker II/I/Road Maintenance
Aide.
(Continued on Page 6)
MINUTES
PAGE 5 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
0417-001 16. PUBLIC HEALTH-GENERAL SERVICES - deletes one position of
Health Education Specialist III/II/I, and one sunset position
of Public Health Nurse III/II/I (position end date 6-30-05).
Adds one position of Administrative Services Assistant, and
one position of Environmental Health Specialist III/II.
PUBLIC HEALTH-ENVIRONMENTAL HEALTH - adds three positions of
Environmental Health Specialist III/II. BEHAVIORAL HEALTH-
GENERAL SERVICES - deletes three flexibly staffed positions
of Accounting Specialist/Senior Account Clerk/Account Clerk,
one position of Administrative Services Assistant, one
position of Auditor-Accountant II/I, one position of Clinical
Program Manager, three positions of Health Education
Specialist II/I, one position of Information Systems
Technician II/I, one position of Manager-Program Resource and
Development, one position of Mental Health Clinician I, one
position of Mental Health Counselor, one flexibly staffed
position of Mental Health Counselor/Mental Health worker, two
positions of Program Manager-Community Services, one flexibly
staffed position of Senior Mental Health Counselor/Mental
Health Counselor, seven and a half flexibly staffed positions
of Senior Mental Health Counselor/Mental Health
Counselor/Mental Health worker, one position of Senior Staff
Services Systems Specialist, one position of Supervisor-
Clerical Support Services, and one position of Supervisor-
Health Education Specialist. BEHAVIORAL HEALTH-GENERAL
SERVICES - adds one sunset position of Program Manager-
Community Services (position end date 12-31-04), one position
of Psychiatrist, and one flexibly staffed sunset position of
Senior Mental Health Counselor/Mental Health Counselor/Mental
Health worker (position end date 12-31-04) BEHAVIORAL
HEALTH-SUBSTANCE ABUSE SERVICES - deletes one position of
Administrative Services Assistant and one sunset position of
Health Education Specialist III/II (position end date 12-31-
05). Adds three positions of Health Education Specialist
II/I, and one position of Information Systems Technician
II/I. CHILD SUPPORT SERVICES - deletes three flexibly
staffed positions of Accounting Specialist/Senior Account
Clerk/Account Clerk, one position of Administrative Analyst
III/II/I, one position of Courier-Stock Clerk, two positions
of Family Support Case Manager III/II/I, one position of
Information Systems Analyst II/I, one position of Information
Systems Technician II/I, and four positions of Office
Assistant III/II/I. Adds two flexibly staffed sunset
positions of Accounting Specialist/Senior Account
Clerk/Account Clerk (position end dates 9-30-05) FACILITIES
SERVICES - deletes two positions of Janitor. CENTRAL
DUPLICATING - deletes one position of Offset Duplicating
Machine Operator II/I. CENTRAL COMMUNICATIONS - deletes one
position of Administrative Analyst III/II/I, and one position
of Office Assistant III/II/I. NEAL ROAD SANITARY LANDFILL-
MANAGEMENT - adds one position of Landfill Maintenance worker
II, one position of Landfill Scale Attendant, and one
position of Senior Landfill Equipment Operator. NEAL ROAD
SANITARY LANDFILL-USED OIL BLOCK GRANT - adds one position
of Recycling Coordinator II/I - action requested - WAIVE
READING OF THE ORDINANCE.
MINUTES
PAGE 6 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
0417-001 17. Library Donation - pursuant to Government Code Section 25355,
a donation of $330 from the Chico Friends of the Library
group has been received for the Butte County Trust Fund for
the purchase of books - action requested - ACCEPT DONATION
AND AUTHORIZE A LETTER OF APPRECIATION.
18. Resolution in Appreciation of William R. Dague Upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION 04-167 AND AUTHORIZE THE CHAIR TO SIGN.
19. California Department of Health Services - approval is
requested for a revenue agreement with the California
Department of Health Services for funds to support the
Chlamydia Awareness Prevention Program. The term of the
agreement is July 1, 2004, through June 30, 2009, with a
maximum amount payable to the County of $9,077 per fiscal
year - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
20. California Department of Health Services - approval is
requested for a revenue agreement with the California
Department of Health Services for funds to support the
TeenSMART Outreach Program. The term of the agreement is
January 1, 2004, through June 30, 2006, with a maximum amount
payable to the County of $90,000 per fiscal year - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
21. California Department of Health Services - approval is
requested for a grant agreement with the California
Department of Health Services for funds to support
preparedness and response to bioterrorism activities. The
term of the agreement is July 1, 2003, through June 30, 2004,
with a maximum amount payable to the County of $460,394 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
22. Medifax-EDI, LLC - Amendment - approval is requested for an
amendment to the agreement with Medifax-EDI, LLC, for the
provision of electronic billing services in compliance with
State requirements. The amendment extends the term of the
agreement through June 30, 2005, and increases the maximum
amount payable by $90,000 (department budget) for the
extended term. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11682)
MINUTES
PAGE 7 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 14, 2004
0417-001 23. Resolution Authorizing the Submittal of the Butte Regional
Tire Recycling Grant Program Application - approval is
requested to submit a grant application, as lead agency on
behalf of the County, City of Biggs, City of Chico, City of
Gridley, City of Oroville, and Town of Paradise, for funds
under the 2004-2005 Local Government Public Education and
Amnesty Day Grant for waste tires. Regional applicants are
eligible for up to $100,000, and if funded the department
will plan at least two tire amnesty events - action
requested - ADOPT RESOLUTION 04-168 APPROVING GRANT SUBMITTAL
AND AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE DEPARTMENT OF
PUBLIC WORKS TO ACT AS LEAD AGENCY FOR APPLICATION AND
ADMINISTRATION OF THE GRANT; AND AUTHORIZE THE DIRECTOR-
PUBLIC WORKS, OR DESIGNEE, TO EXECUTE ALL DOCUMENTS
ASSOCIATED WITH SECURING THE GRANT FUNDING AND IMPLEMENTING
THE PURPOSES SPECIFIED IN THE GRANT APPLICATION.
24. Resolution Approving the Overall Annual Disadvantaged
Business Enterprise (DBE) Program Goal of loo for Federal
Fiscal Year 2004-2005 - as a condition to receiving federal
program funding for Department of Transportation assisted
contracts, the County is required to develop and submit goal
setting methodologies and an overall annual goal for
Disadvantaged Business Enterprise participation. In
accordance with the federal regulations, the County has
developed a proposed overall annual DBE goal of loo for
Federal Fiscal Year 2004-2005, to ensure full compliance with
all relevant regulatory requirements - action requested -
ADOPT RESOLUTION 04-169 AND AUTHORIZE THE CHAIR TO SIGN.
25. Partial Final Closure of Modules 1, 2, and 3, at the Neal
Road Sanitary Landfill; County Project No. 757-5803; Contract
Change Order (CCO) No. 3 - CCO No. 3, in the increasing
amount of $25,572.50, provides funding for additional
erosion control measures. Funding for the increase will be
provided by the Neal Road Sanitary Landfill Enterprise Fund -
action requested - APPROVE CONTRACT CHANGE ORDER NO. 3 AND
AUTHORIZE THE CHAIR TO SIGN.
26. Cascade Consulting - approval is requested for an agreement
with Cascade Consulting for grant management, project
implementation, and management services for the ninth and
tenth cycle Used Oil Block Grants. The term of the agreement
is September 1, 2004, through May 15, 2005, with a maximum
amount payable of $41,000 (grant funds). The agreement is
the result of a Request For Proposal selection process -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
27. Resolution in Appreciation of Terri Burdine Upon Her
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION 04-170 AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES PAGE 8 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
0417-001 28. Resolution in Appreciation of Mitchell Medved Upon His
Retirement from the County of Butte - action requested -
ADOPT RESOLUTION 04-171 AND AUTHORIZE THE CHAIR TO SIGN.
29. Federal Equitable Sharing Annual Certification Report -
approval is requested for the Annual Certification Report to
be submitted to the United States Department of Justice and
the United States Department of Treasury. The report
provides a summary of the equitable sharing activities for
the Butte County Sheriff's Office for fiscal year 2003-2004 -
action requested - APPROVE ANNUAL CERTIFICATION REPORT AND
AUTHORIZE THE CHAIR AND THE SHERIFF TO SIGN.
30. Canteen Correctional Services - approval is requested for a
revenue agreement with Canteen Correctional Services for
provision of commissary services in the Butte County Jail.
The term of the agreement is September 1, 2004, through
August 31, 2007, with a maximum amount payable to the County
of 370 of the net sales. The agreement is the result of a
competitive proposal process - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (FROM 8-17-04
[3.37] )
31. 2004-2005 Butte County Office of Education Tax and Revenue
Anticipation Notes (IRAN) - pursuant to California Government
Code Section 53853, the Butte County Office of Education is
requesting the Board authorize the issuance of TRANS for
2004-2005. The notes to be issued will not exceed
$35,000,000. The notes will be a general obligation of the
Butte County Office of Education. The County has no
fiduciary responsibility as to repayment of the notes -
action requested - ADOPT RESOLUTION 04-172 AUTHORIZING
ISSUANCE OF TAX AND REVENUE ANTICIPATION NOTES AND AUTHORIZE
THE CHAIR TO SIGN. (110)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.09, THE MINUTES
OF MAY 11, 2004, AMENDED TO REFLECT THAT SUPERVISOR YAMAGUCHI
PRESENCE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR BEELER PRESENTED A RESOLUTION TO MITCH MEDVED IN RECOGNITION
OF HIS RETIREMENT FROM THE SHERIFF'S OFFICE.
CHAIR BEELER PRESENTED A RESOLUTION TO TERRI BURDINE IN
RECOGNITION OF HER RETIREMENT FROM THE SHERIFF'S OFFICE.
CHAIR BEELER PRESENTED A RESOLUTION TO BILL DAGUE IN RECOGNITION
OF HIS RETIREMENT FROM THE PROBATION DEPARTMENT.
MINUTES
PAGE 9
SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
REGULAR AGENDA
0417-002 Boards, Commissions and Committees. (472)
1. Appointments to Listed Vacancies.
MOTION: I MOVE TO APPOINT ALVYN GAITHER TO THE KIMSHEW CEMETERY DISTRICT
BOARD TO A TERM TO END JULY 1, 2008.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Board Member or Committee Reports. (NONE)
0417-003 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (507) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, PROVIDED AN UPDATE ON AB 1931, A BILL THAT
WOULD ADD BUTTE COUNTY DEPUTY SHERIFFS EMPLOYED TO PERFORM DUTIES
RELATING TO CUSTODIAL ASSIGNMENTS TO THE CATEGORY OF PEACE
OFFICERS, INFORMING THEM THAT THE BILL HAS PASSED THE LEGISLATURE
AND HAS BEEN PASSED ON TO THE GOVERNOR TO SIGN. THE BOARD WAS ALSO
UPDATED ON THE INTRODUCED OF A BILL BY SENATOR TORLAKSON THAT
WOULD INCREASE THE SIZE OF ANNEXATION ISLANDS THAT LOCAL AGENCY
FORMATION COMMISSIONS ARE TO CONSIDER TO 150 ACRES.
1.
RECESS: 9:19 A.M.
RECONVENE : 9: 3 O A. M.
REGULAR AGENDA
0417-004 Presentation to the Board - Mental Health Initiative - Proposition
63 - Mental Health Services Act - the initiative would enact a
state personal income tax surcharge of to on taxable incomes in
excess of $1 million beginning January 1, 2005. The proceeds from
the tax would finance an expansion of community mental health
programs for children and adults - action requested - ACCEPT FOR
INFORMATION. (679)
PRESENTATION TO THE BOARD BY BRAD LUZ, DIRECTOR-BEHAVIORAL HEALTH,
AND AMY WIENER, ASSISTANT DIRECTOR-BEHAVIORAL HEALTH.
0417-005 HR 2389 Secure Rural Schools and Community Self-Determination Act
of 2000 (Federal Fire Safe Funding) Fiscal Year 2004-2005 Project
Authorization - submitted are the recommendations for the fiscal
year 2004-2005 HR 2389 funding submitted by the Fire Safe Council.
A master agreement to implement the approved projects is also
submitted for Board consideration - action requested - APPROVE THE
HR 2389 PROJECTS FOR FISCAL YEAR 2004-2005 AS RECOMMENDED BY THE
BUTTE COUNTY FIRE SAFE COUNCIL; AND APPROVE THE MASTER AGREEMENT
WITH THE FIRE SAFE COUNCIL FOR IMPLEMENTATION OF THE PROJECTS
(WITH THE EXCEPTION OF 04-HR2389-17 [PROJECT TO BE AWARDED TO
BUTTE COUNTY FIRE]) AND AUTHORIZE THE CHAIR TO SIGN. (1307)
MINUTES
PAGE 10 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 14, 2004
0417-005 MOTION: I MOVE TO APPROVE THE HR 2389 PROJECTS FOR FISCAL YEAR
2004-2005 AS RECOMMENDED BY THE BUTTE COUNTY FIRE SAFE
COUNCIL; AND APPROVE THE MASTER AGREEMENT WITH THE FIRE
SAFE COUNCIL FOR IMPLEMENTATION OF THE PROJECTS (WITH
THE EXCEPTION OF 04-HR2389-17 [PROJECT TO BE AWARDED TO
BUTTE COUNTY FIRE]) AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0417-006 Resolution Establishing the North Valley Animal Disaster Group as
an Affiliate of the Butte County Public Health Department -
consideration of a resolution which would allow the North Valley
Animal Disaster Group to provide emergency assistance for animals
in times of disaster or emergency - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (2235)
MOTION: I MOVE TO ADOPT RESOLUTION 04-173 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:24 A.M.
RECONVENE : 10:3 6 A . M .
PUBLIC HEARINGS AND TIMED ITEMS
0417-007 Public Hearing - County Service Area No. 163 (Thorntree Industrial
Park) - Increase in Annual Service Charge - Protest Hearing and
Ballot Proceeding - on July 13, 2004, the Board adopted a
resolution directing commencement of procedures to impose a new
and/or increased annual service charge in County Service Area
(CSA) No. 163. The proposed maximum service fee of $200 per
parcel will fund improvements and maintenance of the fire
protection system - action requested - OPEN HEARING; ACCEPT
PROTESTS OR PROPERTY OWNER BALLOTS; CLOSE HEARING; DETERMINE
RESULTS OF BALLOT MEASURE; IF MAJORITY BALLOTS ARE IN FAVOR OF THE
INCREASE SERVICE CHARGE, ADOPT A RESOLUTION ESTABLISHING THE NEW
CHARGE AND AUTHORIZE THE CHAIR TO SIGN. (2886)
PUBLIC HEARING OPENED: 10:36 A.M.
TOTAL PARCELS SENT BALLOTS: 94 ISSUED
BALLOTS RECEIVED IN FAVOR: 18
BALLOTS RECEIVED OPPOSED: 5
BALLOTS RECEIVED AS ABSTAINING: 1
PUBLIC HEARING CLOSED: 10:38 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 04-174 ESTABLISHING THE NEW CHARGE AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MINUTES
PAGE 11
SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 14, 2004
0417-008 Public Hearing - County Service Area No. 82 (Stirling City
Sewer) - Increase in Annual Service Charge - Protest Hearing - on
July 13, 2004, the Board adopted a resolution directing
commencement of the procedures to impose an increased annual
service charge in County Service Area (CSA) No. 82. The proposed
increase of $40 + $26.12/unit, will fund recent increases in waste
discharge permit fees charged by the State of California, State
water Resources Control Board, and address prior year budget
shortages - action requested - OPEN HEARING; ACCEPT PROPERTY OWNER
PROTESTS; CLOSE HEARING; DETERMINE IF MAJORITY PROTEST EXISTS; IF
NO MAJORITY PROTEST EXISTS, ADOPT A RESOLUTION ESTABLISHING THE
INCREASED CHARGE AND AUTHORIZE THE CHAIR TO SIGN. (3045)(**00)
PUBLIC HEARING OPENED: 10:41 A.M.
PUBLIC HEARING RECESSED: 10:55 A.M.
PUBLIC HEARING RECONVENED: 11:06 A.M.
TOTAL PARCELS IN CSA: 94
TOTAL PROTESTS RECEIVED: 8
MAJORITY PROTESTS NOT RECEIVED.
PUBLIC HEARING CLOSED: 11:11 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 04-175 ESTABLISHING THE INCREASED
CHARGE AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0417-009 Public Hearing - Appeal of Determination Regarding Recognition
Petition - the Operating Engineers Local Union No. 3 has filed an
appeal of the Director-Human Resources' determination regarding
the creation of a Trades and Crafts Unit - action requested -
STAFF IS RECOMMENDING THE BOARD DENY THE APPEAL AND UPHOLD THE
DIRECTOR-HUMAN RESOURCES' DECISION TO DENY THE MODIFICATION.
(**425)
AT THE REQUEST OF THE APPELLANTS AND STAFF, PUBLIC HEARING OPENED
AT 11:14 A.M., AND CONTINUED OPEN TO OCTOBER 12, 2004, AT
11:00 A.M.,
REGULAR AGENDA
0417-010 Setback Provisions for Non-Conforming Lots - discussion regarding
revisions to the Butte County Code to allow for reduced front and
rear yard setbacks on legal non-conforming lots - action
requested - DIRECT STAFF TO DRAFT REVISIONS AND RETURN DRAFT
REVISIONS TO THE BOARD FOR FURTHER CONSIDERATION AND ACTION.
(**462)
MOTION
VOTE
MINUTES
I MOVE TO DIRECT STAFF TO DRAFT REVISIONS AND RETURN THOSE DRAFT
REVISIONS TO THE BOARD FOR FURTHER CONSIDERATION AND ACTION.
M S
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PAGE 12
SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
0417-011 Items Removed from the Consent Agenda for Board Consideration and
Action. (**536) (NONE)
ADJOURNED AT 11:16 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 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 14, 2004
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
SEPTEMBER 14 , 2 0 04
Called to order at 11:16 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. (**541)
Agenda Items
0408-001 Resolution Authorizing Amendment to the Contract with the Public
Employees' Retirement System - on August 3, 2004, the Board
approved a resolution of intention to approve an amendment to the
contract between the Board of Administration, California Public
Employees' Retirement System, and the Governing Board of the Butte
County In-Home Supportive Services Public Authority, to provide a
20 at 55 full and modified formula for local miscellaneous
members. The modification is requested as a result of the
approval of Social Security coverage for all eligible employees of
the Public Authority - action requested - ADOPT RESOLUTION 04-003
APPROVING AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (**545)
MOTION: I MOVE TO ADOPT RESOLUTION 04-003 APPROVING AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Comment
0408-002 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. (**570)
1. MOLLY HILLIS, UNITED DOMESTIC WORKERS OF AMERICA, ADDRESSED
THE BOARD TO PROVIDE INFORMATION ON THE STATUS OF THE IHSS
PROGRAMS AT THAT STATE LEVEL AND HOW OTHER COUNTIES HAVE BEEN
RESPONDING.
MINUTES
PAGE 14
SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
Closed Session
0408-003 RECESS: THE BOARD RECESSED AT 11:25 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. (**795)
RECOr7vENE : THE BOARD RECONVENED AT 1 : 15 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. (NO ANNOUNCEMENTS)
Adjournment
ADJOURNED AT 1:15 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 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 14, 2004
BOARD OF SUPERVISORS
PUBLIC COMMENT
0417-012 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. (**829)
1. BILL CONNELLY ADDRESSED THE BOARD TO INFORM THEM OF, AND
INVITE THEM TO, A POW/MAI RECOGNITION DAY EVENT TO BE HELD
THIS FRIDAY, SEPTEMBER 17, 2004, AT 6:30 P.M. A CANDLELIGHT
SERVICE WILL BE HELD ON THE STEPS OF THE OROVILLE VETERANS
MEMORIAL HALL.
2. BOB SHARKEY, OROVILLE CITY COUNCIL, AND ERIC ZEGUS,
REPRESENTING THE CITY OF OROVILLE IN PROJECT 2100, PRESENT
INFORMATION ON THE FEDERAL ENERGY REGULATORY COMMISSIONS'
NEGOTIATIONS WITH THE CITY OF OROVILLE.
CLOSED SESSION
0417-013 RECESS: THE BOARD RECESSED AT 11:31 P.M., TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) TWO
POTENTIAL CASES; CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) ROWE v.
COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE
NO. 128705), AND WHEAT v. COUNTY OF BUTTE (BUTTE
COUNTY SUPERIOR COURT CASE NO. 128644). (**1074)
RECONVENE: THE BOARD RECONVENED AT 1:15 P.M., FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) TWO
POTENTIAL CASES; CONFERENCE WITH LEGAL COUNSEL
REGARDING ACTUAL LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(a) ROWE v.
COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE
NO. 128705), AND WHEAT v. COUNTY OF BUTTE (BUTTE
COUNTY SUPERIOR COURT CASE NO. 128644). (**1097)
(NO ANNOUNCEMENT)
MINUTES
PAGE 16 SEPTEMBER 14, 2004
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 14, 2004
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 1:15 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, SEPTEMBER 28, 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 17
SEPTEMBER 14, 2004