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HomeMy WebLinkAboutM101204BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 Called to order at 9:05 a.m., in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler. Also present: Paul McIntosh, Chief Administrative Officer; Bruce Alpert, County Counsel; and Marion Reeves, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. CORRECTIONS AND~OR CHANGES TO THE AGENDA. (3 O) ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. 0419-001 1. Thomas Lancaster, M.D. - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with Thomas Lancaster, M.D., for the provision of services in the specialized fields of psychiatry and medicine. The amendment increases the maximum amount payable by $7,125 (department budget), and incorporates language revisions to the compensation and method of payment provisions. 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. X14986) AT THE REQUEST OF THE BEHAVIORAL HEALTH DEPARTMENT, THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. 2. Establishment of Trust Funds - approval is requested to establish two new trust funds. One will be established to accrue donations made to the Animal Control Division, and one will be established to accrue the $0.10 portion of the Landfill Tipping Fee that is set aside to fund the hearings and expenses of the Solid waste Hearing Panel - action requested - APPROVE ESTABLISHMENT OF A TRUST FUND FOR ANIMAL CONTROL DONATIONS AND A TRUST FUND FOR ENFORCEMENT HEARINGS. CONSENT AGENDA 0419-002 MINUTES 1. work Training Center for the Handicapped, Inc. (Do-It- Leisure) - approval is requested for a sole source agreement with the work Training Center for the Handicapped, Inc. (Do- It-Leisure), for the provision of a socialization program for referred clients. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $118,502 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. PacE 1 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 0419-002 2. North Valley Parent Education Network - approval is requested for a sole source agreement with North Valley Parent Education Network for the provision of targeted case management/brokerage and mental health services. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $343,654.28 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3. Northern Valley Catholic Social Services - approval is requested for a sole source agreement with Northern Valley Catholic Social Services for the provision of mental health services to children receiving Medi-Cal benefits. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $432,129 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 4. Landmark Medical Center - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with Landmark Medical Center for the provision of community mental health services to chronic mentally disordered patients. The amendment increases the maximum amount payable by $2,505 (department budget), and revises the service schedule to reflect the increase. 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. X15026) 5. Butte County Probation Department and Butte County Department of Behavioral Health - Amendment - approval is requested for an amendment to the Memorandum of Understanding with the Probation Department for the provision of drug testing services. The amendment increases the maximum amount payable by $47,333 (department budget) for fiscal year 2004-2005, and revises the agreement's exhibits to reflect the increase. 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. X10941) 6. Superior Janitorial - Amendment - approval is requested for an amendment to the fiscal year 2003-2004 agreement with Superior Janitorial for the provision of janitorial services for County-leased buildings. The amendment adds the offices located at 805 Cedar, Suites A and B, Paradise, and increases the maximum amount payable by $2,565 (department budget) for the additional services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13045) MINUTES PAGE 2 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 0419-002 7. Feather River Tribal Health, Inc. - approval is requested for a sole source agreement with Feather River Tribal Health, Inc., for the provision of mental health services to children receiving Medi-Cal benefits. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $172,998 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 8. Counseling Solutions - approval is requested for a sole source agreement with Counseling Solutions for the provision of mental health services to children receiving Medi-Cal benefits. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable of $150,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 9. California Mental Health Directors Association - Amendment - approval is requested for an amendment to the agreement with the California Mental Health Directors Association for the provision of management services for Butte County clients receiving Medi-Cal benefits and receiving treatment outside Butte County. The amendment increases the maximum amount payable for fiscal year 2003-2004 by $1,905.78 (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. X11598) 10. waiver of Fees - approval is requested by Supervisor Beeler to waive a $452.00 sewage disposal permit fee for Paul D. Gains. The applicant was issued a valid permit in 2002, but health concerns prevented completion of the work in the required time. Expiration of the prior permit requires the applicant to re-apply - action requested - APPROVE WAIVER OF PERMIT APPLICATION FEE. 11. Accept Unanticipated Revenue - approval is requested to accept and appropriate $18,050 received from the sale of a 2002 sport utility vehicle to the District Attorney's Office - action requested - APPROVE BUDGET TRANSFER B-100 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 12. Approval of Minutes - action requested - APPROVE MINUTES OF MAY 25, 2004. 13. 2005 Board of Supervisors' Meeting Calendar - action requested - APPROVE 2005 MEETING CALENDAR. MINUTES PAGE 3 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 0419-002 14. Linhart Petersen Powers Associates - Amendment - approval is requested for an amendment to the agreement with Linhart Petersen Powers Associates for the provision of professional services to process building applications and provide inspection services as needed. The amendment increases the maximum amount payable by $397,589.69 ($97,589.69 for fiscal year 2003-2004 and $300,000 for fiscal year 2004-2005 [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. X14319) 15. Willdan - Amendment - approval is requested for an amendment to the agreement with Willdan for the provision of plan check services. The amendment increases the maximum amount payable by $301,022.50 ($1,022.50 for fiscal year 2003-2004 and $300,000 for fiscal year 2004-2005 [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. X14838) 16. ABC Nick's Pioneer Towing - Amendment - approval is requested for an amendment to the agreement with ABC Nick's Pioneer Towing for towing services for the Abandoned Vehicle Abatement Program. The amendment extends the term of the agreement through June 30, 2006, and increases the maximum amount payable by $50,001 (program 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. X14686) 17. Villa D'Oro Properties, LLC - General Plan Amendment-Rezone Report to the Board - pursuant to Butte County Code Section 24-25.30, submitted is the Butte County Planning Commission Report regarding a proposed general plan amendment and rezone for Steve Seidenglanz, Villa D'Oro Properties, LLC, for the property located on the northeast corner of 12t'' Street and Feather Avenue in the Oroville area, and identified as APN 031-275-005 - action requested - ACCEPT REPORT; AND SET A PUBLIC HEARING FOR CONSIDERATION OF THE MATTER FOR TUESDAY, NOVEMBER 9, 2004, AT 10:40 A.M. 18. Sport Utility Vehicle Purchase - approval is requested to purchase a 2002 sport utility vehicle from the Department of Child Support Services in the amount of $18,050 (workers' Compensation Insurance Fraud Program grant funds) - action requested - APPROVE FIXED ASSET PURCHASE OF SPORT UTILITY VEHICLE FROM THE DEPARTMENT OF CHILD SUPPORT SERVICES; AND APPROVE BUDGET TRANSFER B-099 (4/5 vote required) TRANSFERRING FUNDS AS DETAILED IN THE AGENDA REPORT. MINUTES PAGE 4 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 0419-002 19. Grant Funds Adjustments - approval is requested to accept and appropriate $3,000 in supplemental grant funds received from the National Children's Alliance for fiscal year 2003-2004 ($1,500) and fiscal year 2004-2005 ($1,500). Approval is also requested to transfer $538 of unspent fiscal year 2003- 2004 National Children's Alliance Member Training Grant funds from the General Fund back to the department's budget. The funds were inadvertently transferred to the General Fund at the end of the fiscal year. The National Children's Alliance has approved the department's expenditure of the unexpended funds - action requested - APPROVE BUDGET TRANSFER B-098 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 20. Statutory Rape Vertical Prosecution Program Final Allocation - approval is requested to accept and appropriate $2,568 received from the Governor's Office of Emergency Services under the Statutory Rape Vertical Prosecution Program for fiscal year 2004-2005. The funds represent the difference between the department's budgeted amount for the grant and the actual award - action requested - APPROVE BUDGET TRANSFER B-097 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 21. Grant Funds Refund and Reimbursement - approval is requested to accept and appropriate $1,947.90 received from Phillips Consumer Electronics Company as a refund for defective equipment purchased in 2003, and $403.60 received as a reimbursement for grant funds expended in error. The original expenditures were made with grant funds and the department is requesting the transfer of the funds back to the department for grant related expenses - action requested - APPROVE BUDGET TRANSFER B-096 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 22. Anderson & Associates, Inc. - Amendment - approval is requested by the Risk Management Division for an amendment to the agreement with Anderson & Associates, Inc., for the provision of temporary clerical services. The amendment increases the maximum amount payable by $8,850 (division budget) to allow additional services during the period of recruitment and hiring for a vacant clerical position. Board approval is also requested for a transfer of funds between budget line items to provide the allocation needed for the amendment. 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; AND APPROVE BUDGET TRANSFER B-095 TRANSFERRING FUNDS AS DETAILED IN THE AGENDA REPORT. (Contract No. X14498) MINUTES PAGE 5 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 0419-002 23. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: CHILD SUPPORT SERVICES - converts one regular help position of Information Systems Technician II/I to a term position with an end date of 6-30-05. EMPLOYMENT AND SOCIAL SERVICES-ADMINISTRATION - deletes one position of Program Manager-Employment and Social Services. Adds one position of Manager,(DESS)Program Development. EMPLOYMENT AND SOCIAL SERVICES-ELIGIBILITY - adds two positions of Eligibility Technician II/I. LIBRARY - deletes one position of Office Assistant III/II/I. Adds one position of Library Assistant I. SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE F, MANAGEMENT CONFIDENTIAL AND SUPERVISORY UNIT CLASSIFICATION - adds the classification of Manager, (DESS)Program Development and sets the salary range at $33.13-$40.26 - action requested - ADOPT RESOLUTION 04-183 AND AUTHORIZE THE CHAIR TO SIGN. 24. Managed Health Network - Amendment - approval is requested for an amendment to the agreement with Managed Health Network for the provision of the Employee Assistance Program. The amendment extends the term of the agreement through June 30, 2005, and incorporates language changes regarding duties, work and life services and miscellaneous provisions. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13882) 25. Budget Transfer - approval is requested to transfer $81,000 from the department's budget to the Special Projects account to fund completion of the electrical and air-conditioning systems upgrade project at 1 County Center Drive - action requested - APPROVE BUDGET TRANSFER B-106 TRANSFERRING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 26. Annual Report - submitted is a copy of the Annual Report for Fiscal Year 2003-2004 to be submitted to the California State Library - action requested - ACCEPT FOR INFORMATION. 27. Library Literacy Donation - pursuant to Government Code Section 25355, a donation of $1,750 has been received from the Chico Wal-Mart for the Library Literacy Program. Approval is requested to accept and appropriate the unanticipated revenue - action requested - APPROVE BUDGET TRANSFER B-105 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. 28. City of Chico - approval is requested for a revenue agreement with the City of Chico for funds to support additional staff hours at the Chico Branch Library. The term of the agreement is October 1, 2004, through September 30, 2006, and provides the Library with $120,000 for fiscal year 2004-2005 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. MINUTES PAGE 6 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 0419-002 29. State of California, Department of Health Services - approval is requested for an agreement with the State of California, Department of Health Services, for reimbursement of administrative activities in support of the Targeted Case Management program for Medi-Cal recipients. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount reimbursable to the County of $100,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 30. Resolution Making Application to the Butte Local Agency Formation Commission Regarding a Proposal to Establish a County Service Area for Storm Drain Maintenance, Fire Protection and Street Lighting Services and Directing Commencement of Procedures to Impose New Service Charges in the Proposed County Service Area and Setting a Public Hearing to Consider Levying Such Charges for Fiscal Year 2004-2005 and Future Years - the owners of the Red Hawk Ranch Subdivision have requested formation of a County Service Area for street lighting, fire protection and storm drainage maintenance services. Submitted is a resolution making application to the Local Agency Formation Commission for formation of the County Service Area, and directing commencement of the procedures required to impose a new service charge - action requested - ADOPT RESOLUTION 04-184 AND AUTHORIZE THE CHAIR TO SIGN; AND SET A PUBLIC HEARING FOR TUESDAY, DECEMBER 14, 2004, AT 10:30 A.M., TO CONSIDER THE PROPOSED SERVICE CHARGE. 31. Changeable Message Sign/Speed Awareness Program - approval is requested to accept and appropriate $21,500 received from the Office of Traffic Safety for implementation of the Butte County Changeable Message Sign/Speed Awareness Program. The funds will be utilized to purchase a portable changeable message sign - action requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; APPROVE BUDGET TRANSFER B-104 (4/5 vote required) ACCEPTING AND APPROPRIATING GRANT FUNDS AS DETAILED IN THE AGENDA REPORT; AND APPROVE FIXED ASSET PURCHASE OF PORTABLE CHANGEABLE MESSAGE SIGN. 32. Budget Transfer for Jail Costs - approval is requested to transfer $155,948 from the General Fund Appropriation for Contingencies to cover the increased cost of food associated with a 40-inmate capacity increase approved under the Consent Decree in July 2004, and to provide the appropriation for medical costs that exceeded the medical services contract allowance - action requested - APPROVE BUDGET TRANSFER B-102 (4/5 vote required) ACCEPTING AND APPROPRIATING $155,948 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA REPORT. MINUTES PAGE 7 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 0419-002 33. Resolution Proclaiming the Month of October as Crime Prevention Month - action requested - ADOPT RESOLUTION 04-185 AND AUTHORIZE THE CHAIR TO SIGN. 34. Inmate welfare Fund Annual Report for Fiscal Year 2003-2004 - pursuant to Penal Code Section 4025(e), submitted is the annual report detailing expenditures from the Inmate welfare Fund - action requested - ACCEPT FOR INFORMATION. 35. Helicopter Repairs - in 2002 the Board approved an equipment exchange with the Department of Justice that resulted in the County acquiring various equipment including three helicopter turbine engines. The County's helicopter requires repair and the maintenance company has agreed to take in trade two of the turbine engines to offset the cost of the repairs. Approval is requested for the actions necessary to trade-in the engines for repairs to the County's helicopter - action requested - ACCEPT AS FIXED ASSETS THREE HELICOPTER TURBINE ENGINES; DECLARE TWO ENGINES SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE TRADE-IN OF THE ENGINES TO OFFSET REPAIR COSTS; APPROVE SOLE SOURCE REPAIR SERVICES BY INFINITY AVIATION; AND APPROVE BUDGET TRANSFER B-101 TRANSFERRING $4,500 BETWEEN DEPARTMENT BUDGET LINE ITEMS AS DETAILED IN THE AGENDA REPORT. 36. Ratify Computer Purchase - approval is requested to ratify the purchase of four computer systems in the total amount of $3,582.15 (department budget) - action requested - RATIFY PURCHASE OF FOUR COMPUTER SYSTEMS AND AUTHORIZE PAYMENT OF THE PURCHASE INVOICE. 37. Behavioral Health Board - action requested - APPOINT DEBRA M. HARRINGTON, FAMILY MEMBER REPRESENTATIVE, TO A TERM TO ENDING DECEMBER 31, 2006. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE BUDGET TRANSFER NUMBERS REVISED TO CORRECT NUMBERS THAT WILL BE PROVIDED BY THE AUDITOR, THE MINUTES OF MAY 25, 2004, AMENDED TO CORRECT THE CALL TO ORDER SECTION, AND THE REMOVAL OF ITEMS 3.06 AND 3.30. (55) M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR BEELER PRESENTED A RESOLUTION TO CHERYL KYLE, CRIME PREVENTION COORDINATOR, PROCLAIMING OCTOBER AS CRIME PREVENTION MONTH. MINUTES PAGE 8 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 REGULAR AGENDA 0419-003 Boards, Commissions and Committees. (203) 1. Appointments to Listed Vacancies. (NONE) 2. Board Member or Committee Reports. (NONE) 3. California State Association of Counties - action requested - APPOINT REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO A TERM ENDING NOVEMBER 2005. MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN AS REPRESENTATIVE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MOTION: I MOVE TO APPOINT SUPERVISOR DOLAN AS ALTERNATE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. Sierra Nevada Conservancy Board - consideration of the appointment of a member and alternate for the North Central Subregion - action requested - APPOINT MEMBER AND ALTERNATE TO A TERM ENDING DECEMBER 31, 2005. MOTION: I MOVE TO APPOINT SUPERVISOR YAMAGUCHI AS MEMBER AND SUPERVISOR BEELER AS ALTERNATE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 0419-004 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (297) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, INFORMED THE BOARD THAT A SUMMARY OF LEGISLATIVE ACTIONS WAS PROVIDED IN THE AGENDA BACKUP MATERIALS, AND THAT THERE WAS NO NEW BUDGET INFORMATION TO REPORT. PHYLLIS MURDOCK, DIRECTOR-PUBLIC HEALTH, PROVIDED A REPORT ON THE AVAILABILITY OF FLU VACCINE. 1. Board of Supervisors' Meeting Calendar Changes - action requested - CANCEL THE MEETING OF DECEMBER 28, 2004, AND ADD A MEETING ON TUESDAY, NOVEMBER 30, 2004. MOTION: I MOVE TO AMEND THE BOARD MEETING CALENDAR BY CANCELLING THE MEETING OF DECEMBER 28, 2004, AND ADDING A MEETING DATE ON NOVEMBER 30, 2004. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Motion Carried) RECESS: 9:30 A.M. RECONVENE : 9: 3 8 A. M. MINUTES PAGE 9 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS REGULAR AGENDA MINUTES -OCTOBER 12, 2004 0419-005 Butte County Central Collections Program: 1. Memorandum of Understanding and Program Enhancements - consideration of a two year agreement with the Superior Court of California, County of Butte, for the Enhanced Collection and Compliance Program, and consideration of program augmentations and enhancements - action requested: A. APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND B. APPROVE BUDGET TRANSFER B-108 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $98,648 AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE AUGMENTATION OF STAFFING AND RESOURCES IN THE CENTRAL COLLECTIONS DIVISION AS DETAILED IN THE AGENDA REPORT. 2. Central Collections Program Budget Adjustments for Fiscal Year 2004-2005 - consideration of actions necessary to cover accrued costs from fiscal year 2003-2004 and balance the budget for fiscal year 2004-2005 - action requested - APPROVE BUDGET TRANSFER B-107 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $171,077 FROM VARIOUS REVENUE SOURCES, AND $325,739 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES, AS DETAILED IN THE AGENDA REPORT. (622) MOTION: I MOVE TO APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; DIRECT THE ADMINISTRATIVE OFFICE TO WORK WITH THE AUDITOR-CONTROLLER AND THE TREASURER-TAX COLLECTOR TO PREPARE BUDGET TRANSFER B-108 ACCEPTING AND APPROPRIATING $95,648 IN UNANTICIPATED REVENUE AS CONCEPTUALLY SUMMARIZED IN THE AGENDA REPORT; AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO APPROVE AND SIGN THE BUDGET TRANSFER; AND APPROVE THE AUGMENTATION OF STAFFING AND RESOURCES IN THE CENTRAL COLLECTIONS DIVISION AS DETAILED IN THE AGENDA REPORT; I FURTHER MOVE TO APPROVE BUDGET TRANSFER B-107 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE IN THE AMOUNT OF $171,077 FROM VARIOUS REVENUE SOURCES, AND $325,739 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES, AS DETAILED IN THE AGENDA REPORT. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 9:49 A.M. RECONVENE : 9: 5 8 A. M. MINUTES PAGE 10 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 0419-006 Isotope Dating of the Lower Tuscan Aquifer - presentation of the findings of isotope analysis of water samples from the Lower Tuscan Formation by Lawrence-Livermore National Laboratories - action requested - ACCEPT FOR INFORMATION. (7950 PRESENTATION TO THE BOARD BY Dr. JEAN MORAN, RESEARCH SCIENTIST, LAWRENCE LIVERMORE NATIONAL LABORATORIES. RECESS: 10:40 A.M. RECONVENE : 10:5 4 A . M . PUBLIC HEARINGS AND TIMED ITEMS 0419-007 Continued Public Hearing - Resolution to Abandon a Public Right- of-way - the department has received a request to abandon a portion of a public right-of-way on the southwesterly side of Oroville Bangor Highway, approximately 500 feet southeast of Cornett Lane, in the Oroville area. The Planning Commission has recommended approval - action requested - STAFF RECOMMENDS THE BOARD CONTINUE THE MATTER TO AN UNSPECIFIED DATE TO ALLOW STAFF ADDITIONAL TIME TO RESOLVE OUTSTANDING ISSUES. (FROM 8-31-04 [5.01] ) (3377) PUBLIC HEARING RECONVENED AT 10:54 A.M., AND CONTINUED TO AN UNSPECIFIED DATE TO ALL STAFF ADDITIONAL TIME TO RESOLVE OUTSTANDING ISSUES. 0419-008 Public Hearing - Citizens' Option for Public Safety (COPS) - pursuant to California Government Code Sections 30061-30065, consideration of the allocation and spending plan of COPS state funds for the District Attorney and Sheriff's Office for fiscal year 2004-2005, consideration of expenditure of fiscal year 2003- 2004 carryover funds, and consideration of the purchase of fixed asset equipment - action requested - ACCEPT AND APPROVE THE COPS FISCAL YEAR 2004-2005 SPENDING PLAN SUBMITTED BY THE DISTRICT ATTORNEY AND SHERIFF-CORONER; APPROVE BUDGET TRANSFER B-509 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND APPROVE THE FIXED ASSET PURCHASE OF VEHICLES AND COMPUTER EQUIPMENT AS DETAILED IN THE AGENDA REPORT. (3467) PUBLIC HEARING OPENED: 10:56 A.M. PUBLIC HEARING CLOSED: 10:57 A.M. MOTION: I MOVE TO ACCEPT AND APPROVE THE COPS FISCAL YEAR 2004-2005 SPENDING PLAN SUBMITTED BY THE DISTRICT ATTORNEY AND SHERIFF- CORONER; MOVE TO APPROVE BUDGET TRANSFER B-103 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND FURTHER MOVE TO APPROVE THE FIXED ASSET PURCHASE OF VEHICLES AND COMPUTER EQUIPMENT AS DETAILED IN THE AGENDA REPORT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PacE ll OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 REGULAR AGENDA 0419-009 Items Removed from the Consent Agenda for Board Consideration and Action. (3529) (**00) 1. Establishment of Trust Funds - approval is requested to establish two new trust funds. One will be established to accrue donations made to the Animal Control Division, and one will be established to accrue the $0.10 portion of the Landfill Tipping Fee that is set aside to fund the hearings and expenses of the Solid waste Hearing Panel - action requested - APPROVE ESTABLISHMENT OF A TRUST FUND FOR ANIMAL CONTROL DONATIONS AND A TRUST FUND FOR ENFORCEMENT HEARINGS. MOTION: I MOVE TO APPROVE THE ESTABLISHMENT OF A TRUST FUND FOR ANIMAL CONTROL DONATIONS AND A TRUST FUND FOR ENFORCEMENT HEARINGS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) PUBLIC HEARINGS AND TIMED ITEMS 0419-010 Continued 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. (FROM 9-14-04 [5.03]) (**102) PUBLIC HEARING RECONVENED: 11:04 A.M. PUBLIC HEARING CLOSED: 11:29 A.M. MOTION: I MOVE TO DENY THE APPEAL AND UPHOLD THE DIRECTOR-HUMAN RESOURCES' DETERMINATION REGARDING THE CREATION OF A TRADES AND CRAFTS UNIT. M S VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried) RECESSED AT 11:29 A.M., AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD. MINUTES PAGE 12 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES OCTOBER 12 , 2 0 0 4 Called to order at 11:30 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. (**906) Agenda Items (NONE) Public Comment 0410-001 Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board is prohibited from taking action on any item not listed on the agenda. (**916) 1. MOLLY HILLIS, UNITED DOMESTIC WORKERS OF AMERICA, ADDRESSED THE BOARD TO INTRODUCE THE PRESIDENT OF UNITED DOMESTIC WORKERS OF AMERICA, MR. KEN SEATON-MSEMAJI. 2. KEN SEATON-MSEMAJI, PRESIDENT OF UNITED DOMESTIC WORKERS OF AMERICA, ADDRESSED THE BOARD TO URGE BETTER WAGES AND BENEFITS FOR WORKERS. 3. DAN GROVER, INDEPENDENT LIVING OF NORTHERN CALIFORNIA, ADDRESSED THE BOARD TO REQUEST HIGHER WAGES FOR WORKERS. 4. DI LUI ADDRESSED THE BOARD TO SPEAK ON BEHALF OF THE HMONG COMMUNITY OF WORKERS AND TO REQUEST HIGHER WAGES. 5. ROY CHASE, IN-HOME WORKER, ADDRESSED THE BOARD TO REQUEST HIGHER WAGES AND HEALTH BENEFITS. 6. DORIS LAUGHLIN, UNITED DOMESTIC WORKERS, ADDRESSED THE BOARD TO REQUEST HIGHER WAGES FOR WORKERS. 7. VI KIRBY ADDRESSED THE BOARD TO STATE THAT THE CURRENT WAGES FOR WORKERS ARE NOT LIVING WAGES AND ENCOURAGED AGREEMENT ON HIGHER WAGES. 8. DALE BROWN ADDRESSED TO REQUEST HEALTH INSURANCE FOR WORKERS. 9. MICKEY HARRINGTON, PRESIDENT, BUTTE-GLEN CENTRAL LABOR COUNCIL, ADDRESSED THE BOARD TO STATE THE SUPPORT OF THE COUNCIL FOR THE HOME HEALTH CARE WORKERS AND ENCOURAGING SETTLEMENT OF THE NEGOTIATIONS. 10. DAVID SMITH, IHSS WORKER, ADDRESSED THE BOARD TO REQUEST HIGHER WAGES FOR WORKERS. MINUTES PAGE 13 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 12, 2004 Closed Session 0410-002 RECESS: THE BOARD RECESSED AT 11:55 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. (**1887) RECONVENE : THE BOARD RECONVENED AT 2 : 4 0 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 2:40 P.M., AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY BOARD OF SUPERVISORS. MINUTES PAGE 14 OCTOBER 12, 2004 BUTTE COUNTY BOARD OF SUPERVISORS PUBLIC COMMENT MINUTES -OCTOBER 12, 2004 0419-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. (***1912) (NONE) CLOSED SESSION 0419-012 RECESS: THE BOARD RECESSED AT 11:55 A.M., TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL. (**1919) RECONVENE : THE BOARD RECONVENED AT 2 : 4 0 P . M . , FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL. (**1939) (NO ANNOUNCEMENTS) ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 2:40 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, OCTOBER 26, 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 15 OCTOBER 12, 2004