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HomeMy WebLinkAboutM101210BUTTE COUNTY BOARD OF SUPERVISORS MINUTES October 12, 2010 o ~UTtFoo 0 0 ~,_ <o ~o ,-,- ,~o/ \UNt% County Supervisors Bill Connelly, District 1 Jane Dolan, District 2 Maureen Kirk, District 3 Steve Lambert, District 4 Kim Yamaguchi, District 5 Paul Hahn, Chief Administrative Officer and Clerk of the Board Bruce Alpert, County Counsel BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 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, Kirk, Lambert, Yamaguchi, and Chair Connelly. Also present: Paul Hahn, Chief Administrative Officer; Bruce Alpert, County Counsel; and Kathleen Moghannam, Assistant Clerk of the Board. Pledge of Allegiance to the Flag of the United States of America. Observation of a Moment of Silence. 1028-001 CORRECTIONS AND/OR CHANGES TO THE AGENDA. 1. Resolution to Amend the Salary Ordinance -the department has prepared a resolution which will amend the salary ordinance as follows: PROBATION -add one position of Probation Officer III/II/I with a sunset date of June 30, 2011. The department has received an allocation for fiscal year 2010-2011 from the California Department of Corrections and Rehabilitation, Corrections Standards Authority for the Youthful Offender Block Grant (YOBG). This change will increase the allocations in budget unit 430-001 from 91 to 92 and increase the total allocations in the department from 97 to 98. DISTRICT ATTORNEY - convert a current sunset position of District Attorney Victim Counselor to a regular help position with no sunset date. The position will be funded within the District Attorney's existing budget. This change will leave the allocations in the department unchanged. LIBRARY -add #e~-E4} three (3) fifty percent (50%) positions of Library Assistant and delete one (1) vacant Branch Librarian position. These changes will increase the allocations in budget unit 630 from 25.5 to ~ 26 and increase the total allocations in the department from 27.5 to ~§ 28 -action requested -ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) CHERYL SCHIELE REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. 1028-002 CONSENT AGENDA 1. California Department of Food and Agriculture (CDFA) -approval is requested for a revenue agreement with CDFA in which the County will provide services for placing and servicing traps for the detection of the Light Brown Apple Moth that are considered hazardous to agriculture and the economy of California. The term of the agreement is July 1, 2010 through June 30, 2011 with a maximum amount receivable of $26,429 - action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Agriculture) PAGE 1 October 12, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 2. Resolutions EstablishinE Proposition 4 Appropriations Limit Calculations for Fiscal Year 2010/2011 -action requested -ADOPT RESOLUTIONS (2) 10-139 AND 10-140 AND AUTHORIZE THE CHAIR TO SIGN. (Auditor-Controller) 3. Esplanade Enterprises, Inc. dba Merit Medi-Trans, Inc. -amendment to the agreement with Esplanade Enterprises, Inc. for non-emergency client transportation services for clients of Butte County Department of Behavioral Health. The amendment increases the maximum amount payable by $120,000 -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Behavioral Health) 4. Youth for ChanEe -Hospital Alternative ProEram (HAP) -agreement with Youth for Change for specialty mental health treatment and support services in the community. The term of the agreement is September 1, 2010 through June 30, 2011 with a maximum amount payable of $29,686 -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Behavioral Health) 5. Youth for ChanEe(YFC) -amendment to the agreement with Youth for Change for specialty mental health services to children with full scope Medi-Cal. The amendment increases the maximum amount payable by $706,784.13. This change is based on the Request for Proposal awarded to YFC for the Hospital Alternative Program. Approval is also requested for a related budget adjustment accepting $231,627 in unanticipated revenue -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER; AND APPROVE RELATED BUDGET ADJUSTMENT (4/5 vote required). (Behavioral Health) 6. BudEet Adjustment for 2009-2010 Community Development Block Grant ProEram (CDBG) Economic Development PlanninE and Technical Assistance Grant Activity - On July 21, 2009 the Board of Supervisors authorized the submittal of a CDBG Economic Development Planning and Technical Assistance Grant to complete an Entrepreneurial Knowledge-Based Enterprise Action Plan. On June 8, 2010, the County received notification of the award of the $35,000 grant. Staff requests approval to implement the Planning and Technical Assistance Grant with 3CORE. Butte County is required to provide a $700 match -action requested - APPROVE BUDGET ADJUSTMENT (4/5 vote required); AND APPROVE EXHIBIT #35 TO THE MASTER SUBRECIPIENT AGREEMENT WITH 3CORE AND AUTHORIZE THE CHAIR TO SIGN. (Chief Administrative Office) PAGE 2 October 12, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 7. Local AEency Biennial Conflict of Interest Code Report -Non-Exempt School Districts - pursuant to Government Code Section 87306.5(b), approval is requested for the Local Agency Biennial Conflict of Interest Code Reports for the following non-exempt school districts: Bangor Unified School District, Biggs Unified School District, Butte County Office of Education, Chico Unified School District, Durham Unified School District, Feather Falls School District, Golden Feather Union School District, Gridley Unified School District, Manzanita Elementary School District, Oroville Union High School District, Paradise Unified School District, Pioneer Union Elementary School District, and Thermalito School District. The reports have been reviewed by County Counsel and determined to be proper -action requested -ACCEPT BIENNIAL REPORTS. (County Counsel) 8. Butte County Conflict of Interest Code -amendment -The Political Reform Act (Government Code Section 81000 et seq.) requires the County to amend its Conflict of Interest Code on a biennial basis and when change is necessitated by circumstances. The County's Conflict of Interest Code has been modified consistent with these requirements and has been updated to include new disclosure categories for County employees as well as County committees and commissions -action requested -ADOPT RESOLUTION 10-141 AMENDING THE CONFLICT OF INTEREST CODE AND AUTHORIZE THE CHAIR TO SIGN. (County Counsel) 9. Local AEency Biennial Conflict of Interest Code Report - Non- Exempt AEencies - pursuant to Government Code Section 87306.5(b), approval is requested for the Local Agency Biennial Conflict of Interest Code Reports for the following non-exempt agencies: Air Quality Management District, Butte County Association of Governments, Chico Area Recreation and Park District, Durham Irrigation District, EI Medio Fire District, Feather River Recreation and Park District, Lake Madrone Water District, Lake Oroville Public Utility District, Paradise Recreation and Park District, Richardson Springs Community Services District, Reclamation District No. 833, Richvale Irrigation District, Richvale Sanitary District, Rock Creek Reclamation District, and Sewerage Commission- Oroville Region. The reports have been reviewed by County Counsel and determined to be proper -action requested -ACCEPT BIENNIAL REPORTS. (County Counsel) 10. Local AEency Biennial Conflict of Interest Code Report - Non-Exempt AEencies - pursuant to Government Code Section 87306.5(b), approval is requested for the Local Agency Biennial Conflict of Interest Code Reports for the following non-exempt agencies: Butte County Housing Authority, Butte County Children and Families Commission, Butte Creek Drainage District, Butte County Resource Conservation District, Butte Water District, Chico Urban Area Joint Powers Financing Authority, Durham Mosquito Abatement District, Gridley-Biggs Cemetery District, Kimshew Cemetery District, Oroville Cemetery District, Oroville Mosquito Abatement District, Paradise Cemetery District, Paradise Irrigation District, Richvale Recreation and Park District, Sacramento River Reclamation District, and Thermalito Irrigation District. The reports have been reviewed by County Counsel and determined to be proper -action requested -ACCEPT BIENNIAL REPORTS. (County Counsel) PAGE 3 October 12, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 11. Local AEency Biennial Conflict of Interest Code Report -Exempt AEencies -pursuant to Government Code Section 87300, approval is requested for the Local Agency Biennial Conflict of Interest Code Reports for the following exempt agencies: Bangor Cemetery District, Drainage District No. 1, Drainage District No. 2, Drainage District No. 100, Drainage District No. 200, Pine Creek Cemetery District, Thompson Flat Cemetery District and the Upham Cemetery District. The reports have been reviewed by County Counsel and determined to be proper -action requested -ACCEPT BIENNIAL REPORTS. (County Counsel) 12. ToxicoloEy Services, Inc. -amendment to the agreement with Toxicology Services, Inc. for forensic alcohol and drug toxicology testing, reporting and court testimony. The amendment extends the term of the contract to December 31, 2010 and increases the maximum amount payable by $31,000 -action requested -APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (District Attorney) 13. Fixed Asset Purchase -request to accept fixed asset equipment donation as detailed in agenda report from Butte County Volunteer Fire Company 24 (Forest Ranch) to be used at Butte County Volunteer Fire Station 10 (Butte Meadows) -action requested - ACCEPT DONATION AND SEND LETTER OF APPRECIATION. (Fire) 14. Sentinel Offender Services, LLC -agreement with Sentinel Offender Services, LLC for electronic monitoring services of offenders on probation. The term of the agreement is July 1, 2010 through June 30, 2013 with a maximum amount payable of $120,000 for the Probation Department and $69,000 for the Sheriff's Department -action requested -APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Probation) 15. Contract ChanEe Order No. 2 for the Construction of Module 4, Phase D at Neal Road Recycling and Waste Facility -approval is requested for this change order which provides for a decrease to the contract for a Cost Reduction Incentive Proposal that was submitted by Ford Construction Company, Inc. The Contractor proposes to eliminate the concrete slope veneer and place a clay soil veneer as suitable foundation for the geosynthetic lining materials. As a result of eliminating the concrete slope veneer, the amount of subgrade preparation was also reduced. Per the CalTrans Standard Specification the net savings is split equally between the contractor and the owner. This contract order results in an overall decrease to the contract of $76,451 -action requested - 1) APPROVE CONTRACT CHANGE ORDER AND AUTHORIZE CHAIR TO SIGN. (Public Works) PAGE 4 October 12, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 16. Contract ChanEe Order No. 1 and Notice of Completion for Oro BanEor HiEhway Rehabilitation Project -approval is requested for this change order which provides in a decrease of $58,625.51 in funding for the Oro Bangor Highway Rehabilitation Project. All contract work has been completed -action requested - 1) APPROVE CONTRACT CHANGE ORDER AND AUTHORIZE THE CHAIR TO SIGN; 2) ACCEPT CONTRACT WORK AND AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND 3) AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. (Public Works) 17. Fiscal Year 2010 Inmate Welfare Expenditure Report -Pursuant to Penal Code Section 4025(e), submitted is the annual Inmate Welfare Expenditure Report -action requested -ACCEPT FOR INFORMATION. (Sheriff-Coroner) 18. Monthly Investment Report -Submitted is the Monthly Investment Report dated August 31, 2010 in accordance with the Statement of Investment Policy dated July 1, 2010 -action requested -ACCEPT FOR INFORMATION. (Treasurer/Tax Collector) 19. Trade In Fixed Asset Equipment -the department would like to replace three old model document imaging scanners with new technology. The trade would provide a credit of $450 toward the purchase of new equipment. As the old machines are fixed assets, the department needs approval of the Board in order to trade the machines -action requested -APPROVE THE TRADE IN OF FIXED ASSETS AS OUTLINED IN THE DETAILED AGENDA REPORT TOWARD THE PURCHASE OF NEW EQUIPMENT. (Treasurer/Tax Collector) 20. Resolution RecoEnizinE October 2010 as Domestic Violence Awareness Month -action requested -ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (Other Departments and Agencies) 21. Resolution to Amend the Salary Ordinance -the department has prepared a resolution which will amend the salary ordinance as follows: HUMAN RESOURCES - add a new extra help classification to Section 57j of the Salary Ordinance. The classification will be titled Seasonal Elections Instructor and will be utilized in the Clerk-Recorder's office for limited periods of time during election cycles. The salary for the position will be $18.73 - $22.76 per hour. This classification is for extra help purposes only and will not be used for regular help assignments -action requested -ADOPT THE RESOLUTION 10-144 AND AUTHORIZE THE CHAIR TO SIGN. (Human Resources) MOTION: I MOVE TO ADOPT THE CONSENT AGENDA WITH THE EXCEPTION OF ITEM 3.14 THAT WAS REMOVED FROM THE CONSENT AGENDA FOR DISCUSSION ON THE REGULAR AGENDA. 2 M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PAGE 5 October 12, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 REGULAR AGENDA 1028-003 Boards, Commissions and Committees 1. Appointments to Listed Vacancies (NONE) 2. Board Member or Committee Reports SUPERVISOR YAMAGUCHI REPORTED ON THE LMSA AND STATE EMS SUPERVISOR CONNELLY REPORTED ON A MEETING WITH THE CALIFORNIA ASSOCIATION OF LOCAL AGENCY FORMATION COMMISSIONS (CALAFCO). SUPERVISOR CONNELLY REPORTED THAT HE ATTENDED THE DEDICATION OF THE NEW SOCCER FIELDS IN OROVILLE AND THAT HE ATTENDED THE HMONG FESTIVAL IN OROVILLE. SUPERVISOR KIRK REPORTED ON THE TREASURY OVERSIGHT COMMITTEE. SHE REPORTED THAT BUTTE COUNTIES INVESTMENTS ARE DOING VERY WELL. 1028-004 Update of Current Budget and Legislative Issues by the Chief Administrative Officer. PAUL HAHN, CHIEF ADMINISTRATIVE OFFICER PROVIDED A REPORTTO THE BOARD 1028-005 Update of General Plan 2030 Process by Director of Development Services TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. THE GENERAL PLAN IS SCHEDULED TO BE ADOPTED AT THE OCTOBER 26, 2010 BOARD OF SUPERVISORS MEETING. THE HEARING WILL BEGIN AT 1:30 P.M. (23:28) 1028-006 Update Regarding Upcoming Butte County Code Amendments by Director of Development Services. TIM SNELLINGS, DIRECTOR OF DEVELOPMENT SERVICES PROVIDED A REPORT. (26:22) PAGE 6 October 12, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 PUBLIC HEARINGS AND TIMED ITEMS 1028-007 Public Hearing -Resolution of Intent to Vacate a Portion of An Unnecessary Public Right of Way in Nelson Between the Southern Pacific Rail Road Right of Way and AP 038-260-013 - consideration of a resolution that gives notice of a Public Hearing to vacate a portion of an unnecessary public right of way in Nelson between the Southern Pacific Rail Road right of way and AP 038-260-013- action requested -ADOPT RESOLUTION 10-145 WHICH SETS PUBLIC HEARING FOR NOVEMBER 9, 2010 AT 9:30 A.M. AND AUTHORIZE THE CHAIR TO SIGN. (Public Works) STUART EDELL, ASSISTANT DIRECTOR OF PUBLIC WORKS PROVIDED A REPORT. PUBLIC HEARING OPENED: 9:40 A.M. PUBLIC HEARING CLOSED: 9:40 A.M. MOTION: I MOVE TO ADOPT RESOLUTION WHICH SETS PUBLIC HEARING FOR NOVEMBER 9, 2010 AT 9:30 A.M. AND AUTHORIZE THE CHAIR TO SIGN. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) REGULAR AGENDA 1028-008 Informational Presentation on New Building Code Adoption and Related Public Outreach Program - As part of the regular three-year code update cycle, new building codes have been adopted by the State of California. The County is required to adopt codes to be consistent with the State Code -action requested -ACCEPT AND DISCUSS INFORMATION. (Development Services and Fire) PETE CALARCO, ASSISTANT DIRECTOR OF DEVELOPMENT SERVICES (32:48) AND BUTTE COUNTY FIRE CHIEF GEORGE MORRIS PROVIDED A REPORT. (36:17) NANCY SPRINGER, ASSISTANT BUILDING OFFICIAL WITH DEVELOPMENT SERVICES ANSWERED QUESTIONS FROM THE BOARD. Recess: 9:56 A.M. Reconvene: 10:10 A.M. PAGE 7 October 12, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 1028-009 Accept Unanticipated Revenue and Budget Adjustment - On September 24, 2010 the Butte County Fire Department received a notice of award from the U.S. Department of Homeland Security for a Staffing for Adequate Fire and Emergency Response Grant (SAFER). The grant covers a 24 month period of performance commencing no later than December 22, 2010. The grant amount is $2,142,030 which will provide for the hiring of 6 Fire Fighter II's and 5 Fire Apparatus Engineers, a total of 11 positions over two years. The grant pays for all costs, with the exception of the administrative fee, uniforms, unplanned overtime, physicals, personal protective equipment, and training with an anticipated cost of $255,168 over the entire grant period. The grant requires the Butte County Fire Department maintain the staffing that existed subsequent to the layoffs of July 2009 as well as the SAFER funded firefighters for the two year period -action requested- APPROVE A BUDGET INCREASE FOR THE SCHEDULE A FIRE PROTECTION AGREEMENT OF $535,508 in FISCAL YEAR 2010-2011 AND APPROVE A BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. (Fire) BUTTE COUNTY FIRE CHIEF GEORGE MORRIS PROVIDED A REPORT. (1:03:58) MOTION: I MOVE TO APPROVE A BUDGET INCREASE FOR THE SCHEDULE A FIRE PROTECTION AGREEMENT OF $535,508 in FISCAL YEAR 2010-2011 AND APPROVE A BUDGET TRANSFER (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) Items Removed from the Consent Aeenda for Board Consideration and Action 1028-010 Resolution to Amend the Salary Ordinance -the department has prepared a resolution which will amend the salary ordinance as follows: PROBATION -add one position of Probation Officer III/II/I with a sunset date of June 30, 2011. The department has received an allocation for fiscal year 2010-2011 from the California Department of Corrections and Rehabilitation, Corrections Standards Authority for the Youthful Offender Block Grant (YOBG). This change will increase the allocations in budget unit 430-001 from 91 to 92 and increase the total allocations in the department from 97 to 98. DISTRICT ATTORNEY - convert a current sunset position of District Attorney Victim Counselor to a regular help position with no sunset date. The position will be funded within the District Attorney's existing budget. This change will leave the allocations in the department unchanged. LIBRARY -add #e~-(4} three (3) fifty percent (50%) positions of Library Assistant and delete one (1) vacant Branch Librarian position. These changes will increase the allocations in budget unit 630 from 25.5 to ~ 26 and increase the total allocations in the department from 27.5 to ~ 28 -action requested -ADOPT RESOLUTION 10-142 AND AUTHORIZE THE CHAIR TO SIGN. PAGE 8 October 12, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 CHERYL SCHIELE, BCMEA REPRESENTATIVE REQUESTED THIS ITEM BE REMOVED FROM THE CONSENT AGENDA FOR THE DISCUSSION ON THE REGULAR AGENDA. RUDYJENKINS ADDRESSED THE BOARD. LIBRARY DIRECTOR, LINDA MIELKE ANSWERED QUESTIONS FROM THE BOARD. (1:21:39) MOTION: I MOVE TO ADOPT THE RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. M 2 VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (MOTION CARRIED UNANIMOUSLY) PUBLIC HEARINGS AND TIMED ITEMS 1028-011 Timed Item -Federal LeEislative Platform -Each year Butte County Board of Supervisors considers and adopts a state and federal legislative platform that has been developed through discussions with County Department Heads and the Chief Administrative Officer. Kristi More, from The Ferguson Group will present information on the current federal legislative environment and will facilitate a discussion with the Board of Supervisors to develop the County's priorities for Federal Fiscal Year 2012. The County's legislative platform will then be brought back for further discussion and adoption in November -action requested - PROVIDE DIRECTION TO THE CHIEF ADMINISTRATIVE OFFICER AND THE COUNTY'S FEDERAL LEGISLATIVE ADVOCATE REGARDING PRIORITIES OF THE COUNTY'S FEDERAL LEGISLATIVE PLATFORM FOR CALENDAR YEAR 2011/FISCAL YEAR 2012. (Chief Administrative Office) (1:26:15) SHARI MCCRACKEN, DEPUTY ADMINISTRATIVE OFFICER AND KRISTI MORE FROM THE FERGUSON GROUP PROVIDED REPORTS TO THE BOARD. THE BOARD PROVIDED DIRECTION TO STAFF REGARIDNG BUTTE COUNTY'S PRIORITIES. THE LEGISLATIVE PLATFORM WILL BE INCLUDED ON THE DECEMBER 14, 2010 BOARD AGENDA FOR FINAL ADOPTION. PUBLIC COMMENT (NONE) 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. PAGE 9 October 12, 2010 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 1Z, 2010 CLOSED SESSION 1028-012 THE BOARD RECESSED AT 11:05 A.M. TO CLOSED SESSION REGARDING: ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) - 4 CASES; 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100) 2. NORTH CONTINENT LAND & TIMBER, INC. V. COUNTY OF BUTTE, ET AL; SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2010-80000542; 3. COUNTY OF BUTTE V. BESSOLO, BUTTE COUNTY SUPERIOR COURT CASE NO. 151667 4. MCNAMEE V. SMART & FINAL, INC. BUTTE COUNTY SUPERIOR COURT CASE NO. 147477 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (C) -ONE POTENTIAL CASE THE BOARD RECONVENED AT 1:40 P.M. TO CLOSED SESSION REGARDING: ACTUAL LITIGATION PURSUANT TO GOV. CODE SECTION 54956.9(a) - 4 CASES; 1. LAKE OROVILLE INTERVENTION (FERC PROJECT 2100) 2. NORTH CONTINENT LAND & TIMBER, INC. V. COUNTY OF BUTTE, ET AL; SACRAMENTO COUNTY SUPERIOR COURT CASE NO. 34-2010-80000542; 3. COUNTY OF BUTTE V. BESSOLO, BUTTE COUNTY SUPERIOR COURT CASE NO. 151667 MCNAMEE V. SMART & FINAL, INC. BUTTE COUNTY SUPERIOR COURT CASE NO. 147477 INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (C) -ONE POTENTIAL CASE (No Announcements) ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 1:40 P.M., TO RECONVENE AT A SPECIAL MEETING OF THE BOARD OF SUPERVISORS TO BE HELD THURSDAY, OCTOBER 14, 2010 AT 9:00 A.M. BILL CONNELLY, CHAIR BUTTE COUNTY BOARD OF SUPERVISORS ATTEST: Paul Hahn ,Chief Administrative Officer and Clerk of the Board By: PAGE 10 October 12, 2010