HomeMy WebLinkAboutM092303BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 23, 2003
Called to order at 9:12 a.m., in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Dolan Houx, Yamaguchi and Vice Chair
Josiassen. Supervisors not present: 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. VICE CHAIR JOSIASSEN
REQUESTED OUR THOUGHTS PLEASE INCLUDE SUPERVISOR BEELER'S WIFE.
SHE IS UNDERGOING SURGERY THIS MORNING.
CORRECTIONS AND~OR CHANGES TO THE AGENDA (4 O)
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION
03-264 1. Award of Agreement - County Building Roof - approval is
requested to award an agreement for replacement of the roof
on the County facility located at 196 Memorial Way, Chico.
Purchasing Services issued a Request for Quotation and
recommends the Board award the agreement to the lowest
responsible bidder, D7 Roofing Services, Inc., of Sacramento,
in the amount of $28,065 (Facilities Services budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
CONSENT AGENDA
03-265 1. Linda Huffmon - approval is requested for an amendment to the
agreement with Linda Huffmon for the provision of consulting
services in the areas of strategic planning, First Chance
Coalition planning and resource development, and adult
housing. The term of the agreement is July 1, 2003, through
June 30, 2004, with a maximum amount payable of $38,800
(department budget) - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14444)
2. Enloe Medical Center - approval is requested for an agreement
with Enloe Medical Center for the provision of initial
medical evaluation services for persons with urgent/emergency
medical needs prior to admission (or within 24 hours of
admission) to the County's Psychiatric Health Facility. The
term of the agreement is July 1, 2003, through June 30, 2004,
with a maximum amount payable of $40,000 (department
budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
MINUTES
PAGE 1 SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
03-265 3. Lou Ann Rupp-Mueller/Oroville Professional Arts Center -
Amendment - approval is requested for an amendment to the
lease agreement with Lou Ann Rupp-Mueller/Oroville
Professional Arts Center for the property located at 2860
Olive Highway, Suites B and C, Oroville. The location is
utilized by the Youth Services Division. The amendment
provides for the addition of contract language regarding
records confidentiality and compliance with local, state and
federal rules and regulations. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11824)
4. Lou Ann Rupp-Mueller/Oroville Professional Arts Center -
Amendment - approval is requested for an amendment to the
lease agreement with Lou Ann Rupp-Mueller/Oroville
Professional Arts Center for the property located at 2860
Olive Highway, Suites D and E, Oroville. The location is
utilized by the Youth Services Division. The amendment
provides for the addition of contract language regarding
records confidentiality and compliance with local, state and
federal rules and regulations. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11825)
5. Lou Ann Rupp-Mueller/Oroville Professional Arts Center -
Amendment - approval is requested for an amendment to the
lease agreement with Lou Ann Rupp-Mueller/Oroville
Professional Arts Center for the property located at 2856
Olive Highway, Suites A, B and C, Oroville. The location is
utilized by the Youth Services Division. The amendment
provides for the addition of contract language regarding
records confidentiality and compliance with local, state and
federal rules and regulations. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11836)
6. Lou Ann Rupp-Mueller/Oroville Professional Arts Center -
Amendment - approval is requested for an amendment to the
lease agreement with Lou Ann Rupp-Mueller/Oroville
Professional Arts Center for the property located at 2858
Olive Highway, Suites A, B and C, Oroville. The location is
utilized by the Youth Services Division. The amendment
provides for the addition of contract language regarding
records confidentiality and compliance with local, state and
federal rules and regulations. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11826)
MINUTES
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
03-265 7. Lou Ann Rupp-Mueller/Oroville Professional Arts Center -
Amendment - approval is requested for an amendment to the
lease agreement with Lou Ann Rupp-Mueller/Oroville
Professional Arts Center for the property located at 2854
Olive Highway, Suite A, Oroville. The location is utilized
by the Youth Services Division. The amendment provides for
the addition of contract language regarding records
confidentiality and compliance with local, state and federal
rules and regulations. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11827)
8. Lillian Rickards - Amendment - approval is requested for an
amendment to the lease agreement with Lillian Rickards for
the property located at 260 Cohasset Road, Suite E, Chico.
The location is utilized by the Transitional Youth Program
and Adult System of Care Homeless Housing Programs. The
amendment provides for the addition of contract language
regarding records confidentiality and compliance with local,
state and federal rules and regulations. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X12089)
9. Butte County Probation Department/Butte County Department of
Behavioral Health - Amendment - approval is requested for an
amendment to the Memorandum of Understanding with the Butte
County Probation Department for the provision of services in
support of the Family Bridges program. The amendment
increases the maximum amount payable by $305,427 to reflect
the allocation for fiscal year 2003-2004 (department budget),
revises the agreement's schedules to reflect the increase,
and revises language regarding the department contact. 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. X13136)
10. Echo Consulting Services of California, Inc. - approval is
requested for an agreement with Echo Consulting Services of
California, Inc., for the provision of services and support
for the department's Medi-Cal billing system. The term of
the agreement is July 1, 2003, through June 30, 2004, with
a maximum amount payable of $100,436.57 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X14443)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
03-265 11. State of California, Department of Alcohol and Drug
Programs - Amendment - approval is requested for an amendment
to the grant award agreement with the State of California,
Department of Alcohol and Drug Programs, for funds under the
Drug Court Partnership Program. The amendment corrects the
Project Three year amendment which mistakenly identified a
single year amount as the total grant award. The amount of
the grant award was not amended - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. R40153)
12. Marylee Morf - Amendment - approval is requested for an
amendment to the lease agreement with Marylee Morf for the
property located at 592 Rio Lindo Avenue, Chico. The
location is utilized by the Psychiatric Health Facility and
the ACCESS Team program. The amendment extends the term of
the agreement through September 14, 2004, and increases the
maximum amount payable by $92,200 for the extended term
(department budget). All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11044)
13. Butte County Department of Employment and Social Services
(DESS)/Butte County Department of Behavioral Health (BCDBH) -
approval is requested for a Memorandum of Understanding with
the Butte County Department of Employment and Social Services
for the provision of behavioral health services to children
placed in group homes. The term of the agreement is
July 1, 2003, through June 30, 2006. Under the terms of the
agreement DESS will reimburse BCDBH up to $50,000 per fiscal
year (DESS department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
14. Board of Supervisors Response to the Fiscal Year 2002-2003
Butte County Grand Jury Final Report - pursuant to Board
direction of September 9, 2003, submitted for approval is the
final agency response to the fiscal year 2002-2003 Grand Jury
Final Report - action requested - APPROVE AGENCY RESPONSE AND
AUTHORIZE THE CHAIR TO SIGN; DIRECT STAFF TO SUBMIT RESPONSE
TO THE PRESIDING COURT OF THE SUPERIOR COURT OF CALIFORNIA,
COUNTY OF BUTTE. (FROM 9-23-03 [4.05])
15. Nielsen, Merksamer, Parrinello, Mueller and Naylor,
LLP - Amendment - approval is requested for an amendment to
the agreement with Nielsen, Merksamer, Parrinello, Mueller
and Naylor, LLP, for the provision of legislative advocacy
services. The amendment extends the term of the agreement
through October 1, 2004, and revises the hour rate of
compensation. The maximum amount payable is not amended.
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X13444)
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
03-265 16. Portia W. Lyde - approval is requested for a lease agreement
with Portia W. Lyde for the property located at 1447 Huntoon
Street, Oroville. The space will be used by the department's
Information Systems division for computer training. The
term of the agreement is July 1, 2003, through June 30, 2008,
with a maximum amount payable not to exceed $10,032 per
fiscal year (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X14397)
17. Ray Morgan Company - approval is requested for an agreement
with Ray Morgan Company for the provision of maintenance
services for the department's printers. The term of the
agreement is July 1, 2003, through June 30, 2005, with a
maximum amount payable of $40,306.32 (department budget).
The agreement is the result of a Request For Quotation issued
by the department - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14422)
18. Paradise Cemetery District - action requested - APPOINT
THELMA E. "NAN" JOHNSON, TRUSTEE, TO A VACATED TERM TO END
JULY 2006.
19. Private Industry Council - approval is requested for a
sublease agreement with the Private Industry Council for
space in the building located at 205 Mira Loma Drive,
Oroville. The site will be used to store historical records
and election-related equipment and supplies, conduct precinct
officer training, and provide greater public research
capacity. The term of the agreement is September 18, 2003,
(or upon occupancy) through September 15, 2018, with a
maximum amount payable of $29,022 for fiscal year 2003-2004
(department budget). Funding for the agreement is contained
in the department's 2003-2004 budget. The department has
requested infill work in the amount of $76,240 and Board
approval is also requested for a transfer from the Systems
Upgrade Trust Fund to fund the improvements - action
requested - APPROVE BUDGET TRANSFER B-007 (4/5 vote
required); AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR
CONTROLLER.
20. Additional Distribution of Excess Proceeds from the Sale of
Tax-Defaulted Property - on June 24, 2002, the Butte County
Tax Collector sold 77 parcels of tax-defaulted property.
Pursuant to Revenue and Taxation Code Section 4675, on
August 26, 2003, the Board directed distribution of the
proceeds. Distribution on one parcel was inadvertently
omitted from the previous action and the department is
submitting its recommendation for distribution - action
requested - ADOPT RECOMMENDATION REGARDING DISTRIBUTION OF
EXCESS PROCEEDS FROM THE SALE OF TAX-DEFAULTED PROPERTY AS
PREPARED BY COUNTY COUNSEL; AND ORDER DISTRIBUTION PURSUANT
TO REVENUE AND TAXATION CODE SECTION 4675.
MINUTES
PAGE 5 SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
03-265 21. Fourteen Mile House, Inc. - Rezone Report - pursuant to Butte
County Code Sections 24-25.30 and 24-25.40(a) and (b), the
department submits the Butte County Planning Commission
Report for applicant Ray Johnson, Fourteen Mile House, Inc.,
regarding a proposed rezone of 43.2 acres on the east side
of State Route 32, across from Woodland Park Road,
approximately two miles south of Forest Ranch. The applicant
is requesting a rezone of the property from PUD (Planned Unit
Development) to FR-2 (Foothill Recreational - 2 acre
parcels) - action requested - ACCEPT REPORT; AND DIRECT A
PUBLIC HEARING BE SET FOR CONSIDERATION OF THE MATTER FOR
TUESDAY, OCTOBER 28, 2003, AT 10:30 A.M.
22. State of California, Department of Justice - approval is
requested to accept a grant award from the State of
California, Department of Justice, for funds to support a
Spousal Abuser Prosecution Program. The grant will provide
$66,523 for the term of July 1, 2003, through June 30, 2004.
The grant requires a match of $17,083, which was included in
the department's fiscal year 2003-2004 submitted budget -
action requested - ADOPT RESOLUTION 03-143 APPROVING GRANT
AWARD AND AUTHORIZE THE CHAIR TO SIGN.
23. Sacramento Service and Development Corporation - Amendment -
approval is requested for an amendment to the agreement with
Sacramento Service and Development Corporation for the direct
mail issuance of food stamps for the department. The
amendment makes revisions needed to support the department's
transition to the electronic benefits transfer program,
beginning November 30, 2003. The amendment revises the
termination date of the contract to November 30, 2003,
revises the maximum monthly amount payable to $8,500 per
month through October 31, 2003 (department budget), revises
the maximum amount payable for the month of November 2003 to
$25,266 (department budget), and includes language revisions
regarding notice of termination. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11469)
24. Butte County Fire Safe Council Recommendations - the
department submits the recommendations of the Butte County
Fire Safe Council for projects that will qualify for funding
under the HR-2389 Title III Funds. The projects can only be
approved by the Board following a 45-day public comment
period - action requested - ACCEPT FOR INFORMATION; AND
DIRECT THE BUTTE COUNTY FIRE DEPARTMENT TO PUBLISH THE 45-DAY
PUBLIC COMMENT PERIOD.
MINUTES
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BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
03-265 25. Public Sector Personnel Consultants - Amendment - approval
is requested for an amendment to the agreement with Public
Sector Personnel Consultants to conduct a countywide
comprehensive classification and compensation study and an
Americans with Disabilities Act/Fair Employment and Housing
Act compliance study. The amendment extends the term of the
agreement through June 30, 2004, to provide additional time
to complete the studies, and revises the contractor's contact
information. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13791)
26. Resolution to Amend the Salary Ordinance - the department has
prepared a resolution which amends the salary ordinance as
follows: DISTRICT ATTORNEY CRIMINAL - extends the sunset
dates for the following positions: one position of Deputy
District Attorney IV/III/II/I (extended to 11-30-03), one
full-time and one half-time position of District Attorney
Investigator II/I (extended to 6-30-04), one position of
District Attorney Investigator II/I (extended to 12-31-03),
one position of Legal Typist Clerk (extended to 12-31-03),
and one term position of Mental Health Counselor (extended
to 6-30-04) PROBATION - extends the sunset dates for one
flexibly staffed position of Probation Officer III/II/I and
one flexibly staffed position of Office Assistant III/II/I
to June 30, 2004. PUBLIC HEALTH-GENERAL SERVICES - deletes
one position of Clinic Manager. Adds one position of
Supervisor-Nurse - action requested - ADOPT RESOLUTION 03-144
AND AUTHORIZE THE CHAIR TO SIGN.
27. Julie Buck - approval is requested for an agreement with
Julie Buck for the provision of consulting services in
support of the library's literacy programs. The term of the
agreement is July 1, 2003, through June 30, 2004, with a
maximum amount payable of $69,000 (grant funds) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN.
28. Northwest Society for the Prevention of Cruelty to Animals -
Amendment - approval is requested for an amendment to the
agreement with the Northwest Society for the Prevention of
Cruelty to Animals for the provision of animal sheltering
services. The amendment increases the maximum amount
payable by $87,962 to reflect increased sheltering costs.
The additional funding will be provided by Realignment
Revenue. 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. X14370)
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BUTTE COUNTY BOARD OF SUPERVISORS
03-265
MINUTES
PAGE 8
SEPTEMBER 23, 2003
MINUTES -SEPTEMBER 23, 2003
29. National Pollutant Discharge Elimination System (NPDES) Phase
II Revisions to Butte County Storm Water Management Program -
approval is requested to submit a revised Storm Water
Management Program to the California Regional Water Quality
Control Board as part of the County's National Pollutant
Discharge Elimination System Phase II Municipal Storm Water
Permit application. The revised program includes charts that
outline the program's measurable goals, and timelines for
implementation - action requested - APPROVE REVISED STORM
WATER MANAGEMENT PROGRAM; AND DIRECT THE DEPARTMENT TO
RESUBMIT THE REVISED PROGRAM TO THE REGIONAL WATER QUALITY
CONTROL BOARD.
30. Resolution Authorizing the Director of Public Works to
Execute All Grant Applications and Contract for the Federal
Transit Administration Grant Program - approval is requested
for a resolution that will authorize the Director of Public
Works to sign contracts and documents needed to administer
Federal Transit Administration grant funds. The funds are
used to support operating and capital expenditures for public
transit - action requested - ADOPT RESOLUTION 03-145 AND
AUTHORIZE THE CHAIR TO SIGN.
31. Butte County 2003-2004 Transit/Transportation Claims -
pursuant to the requirements of the Transportation
Development Act, approval is requested to submit a claim for
Local Transportation Funds and State Transit Assistance Funds
in the total amount of $2,767,652 to provide funding for
Public Transportation and Public Streets and Roads Projects -
action requested - APPROVE CLAIMS AND AUTHORIZE THE DIRECTOR
OF PUBLIC WORKS TO SIGN.
32. Citizens' Option for Public Safety (COPS) Methamphetamine
Initiative Drug Endangered Children Grant - approval is
requested to submit a grant application, in conjunction with
the District Attorney's Office, for $250,000 in federal COPS
Methamphetamine Initiative Drug Endangered Children Grant
funds to support programs in the County. The one year grant
will not require a County match - action requested - APPROVE
SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE SHERIFF TO
SIGN.
33. Inmate Welfare Fund Expenditure Report for Fiscal Year 2003 -
pursuant to Penal Code Section 4025(e), submitted is the
annual report detailing the purchases and expenditures from
the Inmate Welfare Fund for fiscal year 2003 - action
requested - ACCEPT FOR INFORMATION.
34. Resolution in Recognition of Ronald J. Lorimor, Sr., Upon His
Retirement from the County - action requested - ADOPT
RESOLUTION 03-146 AND AUTHORIZE THE CHAIR TO SIGN.
35. Monthly Investment Report - submitted is the Monthly
Investment Report for August 2003, in accordance with the
Statement of Investment Policy dated July 1, 2003 - action
requested - ACCEPT FOR INFORMATION.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
03-265 36. Central Sacramento Valley Resource Conservation and
Development Council (CSV RC&D) - Request for Membership - on
May 13, 2003, the CSV RC&D made a presentation to the Board
on the benefits of membership in the organization. The
president of the Butte County Resource Conservation District
is requesting the County join the Central Sacramento Valley
Resource Conservation and Development Council. Membership
dues are estimated at $200. The Director of Water and
Resource Conservation has reviewed the request and supports
the recommendation to join the group and has authorized the
expenditure of $200 from his department's budget unit to
cover membership fees. Should the Board choose to join the
RC&D, a request to appoint a Board member to the Council will
be placed on the next agenda - action requested - APPROVE
MEMBERSHIP IN THE CENTRAL SACRAMENTO VALLEY RESOURCE
CONSERVATION AND DEVELOPMENT COUNCIL AND AUTHORIZE THE
DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO EXPEND UP
TO $200 ON MEMBERSHIP FEES.
37. Resolution Recognizing September 7, 2003, as National
Grandparents Day in Butte County - the Area 3 Agency on Aging
has requested the Board adopt a resolution recognizing
National Grandparents Day - action requested - ADOPT
RESOLUTION 03-147 AND AUTHORIZE THE CHAIR TO SIGN.
38. Resolution Proclaiming October 2003 as Domestic Violence
Awareness Month - the Butte Family Violence Prevention
Council has requested the Board adopt a resolution
proclaiming October 2003 as Domestic Violence Awareness
Month - action requested - ADOPT RESOLUTION 03-148 AND
AUTHORIZE THE CHAIR TO SIGN. (301)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.27 CORRECTED TO
CLARIFY THAT PUBLIC HEALTH-GENERAL SERVICES IS ADDING THE POSITION
OF SUPERVISOR-NURSE.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED)
SUPERVISOR HOUR STATED THAT SHE WOULD LIKE TO SEE BIDS GO TO LOCAL
COMPANIES AND QUESTIONED THE AWARD OF BID FOR ROOF REPAIR (ITEM
3.25) FOR THE BUILDING LOCATED AT 196 MEMORIAL WAY, CHICO.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.27 CORRECTED TO
CLARIFY THAT PUBLIC HEALTH-GENERAL SERVICES IS ADDING THE POSITION
OF SUPERVISOR-NURSE, AND THE REMOVAL OF ITEM 3.25.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED)
VICE CHAIR JOSIASSEN PRESENTS AN RESOLUTION PROCLAIMING OCTOBER AS
DOMESTIC VIOLENCE AWARENESS MONTH TO SHAWNA MARTIN.
VICE CHAIR JOSIASSEN PRESENTS A RESOLUTION IN RECOGNITION OF
RONALD J. LORIMOR, SR., UPON HIS RETIREMENT FROM THE SHERIFF'S
OFFICE.
MINUTES
PAGE 9 SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 23, 2003
REGULAR AGENDA
03-266 Appointments to Boards, Commissions and Committees. (376)
1. Appointments to Listed Vacancies. (NONE)
03-267 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (380) PAUL MCINTOSH, CHIEF ADMINISTRATIVE
OFFICER, INFORMS THE BOARD THAT THE NATIONAL ASSOCIATION OF
COUNTIES HAS NOTIFIED COUNTIES THAT THERE IS LEGISLATION PENDING
BEFORE CONGRESS TO APPROPRIATE MONEY FOR THE HELP AMERICA TO VOTE
ACT AND LETTERS WILL BE WRITTEN IN SUPPORT OF THAT LEGISLATION.
ADDITIONALLY, THE BOARD WAS NOTIFIED THAT THE FEDERAL DISTRICT
COURT OF APPEALS HAS RULED THAT THE CALIFORNIA RECALL ELECTION
WILL PROCEED AS SCHEDULED.
03-268 Butte County Agricultural Water Quality Workgroup - Report to the
Board - the Agricultural Commissioner will provide an update on
the progress of the Butte County Agricultural Water Quality
Workgroup regarding the Regional Water Quality Discharge Waiver
Program - action requested - ACCEPT FOR INFORMATION. (438)
PRESENTATION TO THE BOARD BY RICHARD PRICE, AGRICULTURAL
COMMISSIONER.
03-269 Consideration of an Extension of Permit or Waiver of Fees -
consideration of an extension of a building permit or the waiver
of renewal fees for a building permit that expired on
August 29, 2003 - action requested - EXTEND BUILDING PERMIT; OR
PURSUANT TO BUTTE COUNTY CODE SECTION 3-40.5, FIND IT IS IN THE
PUBLIC INTEREST TO WAIVE THE FEES FOR REISSUANCE OF THE EXPIRED
PERMIT. (773)
MOTION: I MOVE TO EXTEND THE BUILDING PERMIT; AND DIRECT STAFF TO PREPARE
AN AMENDMENT TO OUR CODE THAT WOULD ALLOW FOR ADMINISTRATIVE
RESOLUTION OF THESE TYPE OF PROBLEMS.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED)
CLOSED SESSION
03-270 RECESS: THE BOARD RECESSED AT 9:40 A.M., TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION V. COUNTY OF BUTTE; BUTTE SUPERIOR COURT
CASE NO. 127914. (895)
RECONVENE: THE BOARD RECONVENED AT 9:54 A.M., FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) STATE OF CALIFORNIA, DEPARTMENT OF
TRANSPORTATION V. COUNTY OF BUTTE; BUTTE SUPERIOR COURT
CASE NO. 127914. (914)
MINUTES
PAGE 10
SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
03-270 CLOSED SESSION
ANNOUNCEMENT '
MINUTES -SEPTEMBER 23, 2003
THE BOARD VOTED 3-1, IN CLOSED SESSION, WITH
SUPERVISOR DOLAN VOTING NO, TO AGREE TO A
SETTLEMENT WITH CALTRANS, AND A STIPULATION FOR
JUDGEMENT IN CONDEMNATION, FOR A STRIP OF LAND IN
FRONT OF THE FIRE STATION ON HIGHWAY 99.
CALTRANS WILL ALSO DO SOME IMPROVEMENTS,
INCLUDING THE PLACEMENT OF A THREE-FOOT BERM IN
FRONT OF THE FIRE STATION. THE COUNTY WILL
RECEIVE $16,241 FOR THE STRIP OF LAND BEING TAKEN
IN CONDEMNATION BY CALTRANS AND THAT MONEY WILL
BE USED FOR THE PURCHASE OF A STRIP OF LAND NEXT
DOOR TO ALLOW INGRESS AND EGRESS FROM THE FIRE
STATION TO THE NORTH.
REGULAR AGENDA
03-271 Purchase of Land for Nord Fire Station No. 41 - consideration of
actions needed to purchase land for the Nord Fire Station No. 41.
The land is being purchased to construct a needed driveway -
action requested:
1. APPROVE BUDGET TRANSFER B-008 (4/5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE FROM CALTRANS IN THE
AMOUNT OF $16,241;
2. SUBJECT TO FINDINGS 1-4 AS DETAILED IN THE AGENDA REPORT,
APPROVE THE PURCHASE OF THE PROPERTY AND COMBINATION OF THE
PROPERTY INTO THE EXISTING FIRE STATION PROPERTY; AND
3. APPROVE THE AGREEMENT TO PURCHASE AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (949)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-008 ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE FROM CALTRANS IN THE AMOUNT OF
$16,241; SUBJECT TO FINDINGS 1-4 AS DETAILED IN THE AGENDA
REPORT, APPROVE THE PURCHASE OF THE PROPERTY AND COMBINATION OF
THE PROPERTY INTO THE EXISTING FIRE STATION PROPERTY; AND APPROVE
THE AGREEMENT TO PURCHASE AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED)
MINUTES
PAGE 11 SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
03-272 Items Removed from the Consent Agenda for Board Consideration and
Action. (977)
1. Award of Agreement - County Building Roof - approval is
requested to award an agreement for replacement of the roof
on the County facility located at 196 Memorial Way, Chico.
Purchasing Services issued a Request for Quotation and
recommends the Board award the agreement to the lowest
responsible bidder, D7 Roofing Services, Inc., of Sacramento,
in the amount of $28,065 (Facilities Services budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
BOARD DIRECTION TO STAFF TO EXPLORE WHAT OTHER AGENCIES DO TO
ENCOURAGE LOCAL BUSINESSES, AND TO CONSIDER A LOCAL PREFERENCE
POLICY WHICH WILL PROVIDE A BID PREFERENCE TO LOCAL COMPANIES.
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: 1 NP 2 Y 3 N 4 Y 5 Y (MOTION CARRIED)
RECESSED AT 10:19 A.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS
AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD. (1853)
MINUTES PAGE 12 SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 23, 2003
BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES
PUBLIC AUTHORITY BOARD
MINUTES
SEPTEMBER 23, 2003
Called to Order at 10:20 a.m. in the Butte County Board of
Supervisors Room, 25 County Center Drive, Oroville. Board members
present: Dolan, Houx, Josiassen, and Yamaguchi. Board members not
present: Beeler. Also present: Marion Reeves, Deputy Clerk.
Agenda Items
03-020 1. Resolution Amending Resolution 2003-04, a Resolution to
Approve a Referendum to Include or Exclude Services Performed
by Employees in the State Social Security Agreement of
March 9, 1951 - on August 12, 2003, the Board adopted a
resolution that approved the initiation of a referendum
processes necessary to add Social Security coverage to the
Public Employees' Retirement System retirement benefits for
Public Authority staff. Subsequent to the approval of that
resolution, the California Public Employees' Retirement
System notified the Authority that the resolution contained
an error in the effective date of coverage. The proposed
resolution corrects the effective date from November 1, 2002,
to April 26, 2003 - action requested - ADOPT RESOLUTION 2003-
05 AND AUTHORIZE THE CHAIR TO SIGN. (1859)
MOTION: I MOVE TO ADOPT RESOLUTION 2003-05 AND AUTHORIZE THE CHAIR TO
SIGN.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED)
03-021 Public Comment. Comment on items or issues not listed on the
agenda. (1909) (NONE)
Adjournment
THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS
ADJOURNED AT 10:21.
MINUTES
PAGE 13
SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 23, 2003
RECONVENE AT 10:21 A.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS.
RECESS: 10:21 A.M.
RECONVENE: 10:34 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
03-273 Public Hearing - Annual County Service Area Per Parcel Service
Charges - consideration of the adoption of the per parcel service
charges for the various County Service Areas for fiscal year 2003-
2004 - action requested - OPEN PUBLIC HEARING TO ACCEPT ALL
OBJECTIONS AND/OR PROTESTS; CLOSE HEARING; AND ADOPT A RESOLUTION
CONFIRMING THE COUNTY SERVICE AREA PER PARCEL SERVICE CHARGES IN
THE COUNTY OF BUTTE FOR FISCAL YEAR 2003-2004 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 8-26-03 [3.02]) (1933)
PUBLIC HEARING OPENED: 10:35 A.M.
PUBLIC HEARING CLOSED: 10:35 A.M.
NO PROTESTS RECEIVED.
MOTION: I MOVE TO ADOPT RESOLUTION 03-149 CONFIRMING THE COUNTY SERVICE
AREA PER PARCEL SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL
YEAR 2003-2004 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED)
03-274 Timed Item - Butte County Indigent Defense Services -
consideration of the award of a contract to provide indigent
defense services for the County - action requested - ACCEPT
RECOMMENDATION OF THE INDIGENT DEFENSE SERVICES EVALUATION
COMMITTEE AND AWARD CONTRACT TO THE BUTTE COUNTY INDIGENT DEFENSE
SERVICES CONSORTIUM OF LOCAL ATTORNEYS AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO REVIEW BY THE CHIEF ADMINISTRATIVE OFFICER, COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (2043) (**00)
PRESENTATION TO THE BOARD BY SEAN FARRELL, DEPUTY ADMINISTRATIVE
OFFICER.
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE INDIGENT DEFENSE
SERVICES EVALUATION COMMITTEE AND AWARD THE CONTRACT TO THE BUTTE
COUNTY INDIGENT DEFENSE SERVICES CONSORTIUM OF LOCAL ATTORNEYS AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY THE CHIEF
ADMINISTRATIVE OFFICER, COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED)
RECESS:
RECONVENE
MINUTES
11:08 A.M.
11:22 A.M.
PAGE 14
SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
PUBLIC COM[IENT
03-278 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. (**93)
1. JOHN HOFFMAN ADDRESSED THE BOARD TO REQUEST THE BOARD ADOPT
A RESOLUTION IN FAVOR OF ESTABLISHING A NON-MOTORIZED MULTI-
USE RECREATIONAL TRAIL FROM CHICO TO STIRLING CITY, UTILIZING
PRIMARILY THE OLD BUTTE COUNTY RAILROAD ROUTE.
2. JACK MONTGOMERY ADDRESSED THE BOARD TO ALSO ASK FOR A
RESOLUTION OF SUPPORT FOR THE TRAIL.
DIRECTION TO STAFF TO WORK WITH MR. HOFFMAN TO PUT TOGETHER A
CONCEPTUAL PROPOSAL AND RETURN THAT TO THE BOARD FOR
CONSIDERATION.
CLOSED SESSION
03-279 RECESS: THE BOARD RECESSED AT 11:35 A.M. TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a): CLEANUP AND ABATEMENT ORDER NO. 85-2003-
0707; HUMBOLDT ROAD BURN DUMP, AND A CONFERENCE WITH
LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6. AGENCY REPRESENTATIVES: BILL AVERY AND 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.
(**474)
RECONVENE: THE BOARD RECESSED AT 11:35 A.M. TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) CLEANUP AND ABATEMENT ORDER NO. 85-2003-
0707; HUMBOLDT ROAD BURN DUMP, AND A CONFERENCE WITH
LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6. AGENCY REPRESENTATIVES: BILL AVERY AND 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.
(**501) (NO ANNOUNCEMENT)
MINUTES
PAGE 15 SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -SEPTEMBER 23, 2003
PUBLIC HEARING AND TIMED ITEMS
03-280 Continued Public Hearing - Butte County Fiscal Year 2003-2004
Final Budget Hearings - THIS PUBLIC HEARING WILL BE A CONTINUATION
OF THE PUBLIC HEARING COMMENCING SEPTEMBER 18, 2003, AND AS
CONTINUED THROUGH SEPTEMBER 22, 2003 - action requested:
1. CONTINUED PUBLIC HEARING; ACCEPT DEPARTMENT PRESENTATION AND
PUBLIC INPUT; CONTINUE HEARING OPEN AS NECESSARY, OR CLOSE
THE PUBLIC HEARING;
2. APPROVE PRELIMINARY FINAL BUDGET ADJUSTING ENTRIES AS
RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER AND PREPARED
BY THE AUDITOR-CONTROLLER;
3. PROVIDE STAFF DIRECTION ON BOARD'S FINAL BUDGET ADJUSTMENTS
(IF ANY); AND
4. DIRECT ADOPTION OF THE FINAL BUDGET FOR FISCAL YEAR 2003-2004
BE PLACED ON THE SPECIAL MEETING AGENDA OF
SEPTEMBER 30, 2003. (FROM 9-18-03 [5.01])
SPECIAL NOTE: Persons wishing to offer testimony for Board
consideration during the final budget hearing
should take note of California Government Code
Section 29088, which states, in part,
"...increases or additions (to the proposed
budget) shall not be made after the public
hearing, unless the items were proposed in
writing and filed with the Clerk of the Board
before the close of the public hearing." (**521)
PUBLIC HEARING RECONVENED AT 1:02 P.M.
PUBLIC HEARING CLOSED: 1:24 P.M.
MOTION: I MOVE THAT INSTEAD OF A GIS SPECIALIST, WE HIRE A GOOD PLANNER
FOR THE DEVELOPMENT SERVICES DEPARTMENT (NOT CONVERT THE PLANNER
POSITION TO THE GIS SPECIALIST).
M
VOTE: 1 NP 2 3 4 5 (MOTION DIES FOR LACK OF SECOND)
MOTION: I MOVE TO APPROVE THE PRELIMINARY FINAL BUDGET ADJUSTING ENTRIES
AS RECOMMENDED BY THE CHIEF ADMINISTRATIVE OFFICER AND PREPARED BY
THE AUDITOR-CONTROLLER.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED)
MOTION: I MOVE TO DIRECT ADOPTION OF THE FINAL BUDGET FOR FISCAL YEAR
2003-2004 BE PLACED ON THE SPECIAL MEETING AGENDA OF
SEPTEMBER 30, 2003. THE BUDGET IS TO BE BASED ON THE ADJUSTMENTS
MADE TODAY, INCLUDING THE CHIEF ADMINISTRATIVE OFFICER'S
RECOMMENDATION TO MAINTAIN THE POSITION ALLOCATION IN THE DISTRICT
ATTORNEY'S OFFICE.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED)
MINUTES
PAGE 16 SEPTEMBER 23, 2003
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -SEPTEMBER 23, 2003
P,DJOURIrt~NT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 1:26 P.M., TO
RECONVENE AT A SPECIAL MEETING OF THE BOARD TO BE
HELD SEPTEMBER 30, 2003, AT 9:00 A.M.
R.J. BEELER, CHAIR
Attest:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
MINUTES
PAGE 17
SEPTEMBER 23, 2003