HomeMy WebLinkAboutM102505BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -OCTOBER 25, 2005
Called to order at 9:10 a.m. in the Board of Supervisors Room,
County Administration Building, 25 County Center Drive, Oroville.
Supervisors present: Connelly, Dolan, Houx, Josiassen and Chair
Yamaguchi. Also present: Paul McIntosh, Chief Administrative
Officer; Bruce Alpert, County Counsel; and Marion Reeves,
Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United States of America.
Observation of a Moment of Silence.
CORRECTIONS AND~OR CHANGES TO THE AGENDA.
ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION.
0521-001
MINUTES
1. State water Resources Control Board - approval is requested
for a revenue agreement with the State water Resources
Control Board for funds to support an Irrigated Lands
Conditional waiver Program. The department will provide
inspections of watershed monitoring locations, assist in
identifying sources of water quality exceedance, and provide
information on watershed activities. The term of the
agreement is July 1, 2005, through June 30, 2006, with a
maximum amount payable to the County of $67,860. Board
approval is also requested to accept and appropriate the
unanticipated revenue, and to authorize the fixed asset
purchase of a vehicle in the estimated amount of $22,000 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN; APPROVE A BUDGET TRANSFER (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT; AND APPROVE THE FIXED ASSET PURCHASE
OF A VEHICLE IN THE ESTIMATED AMOUNT OF $22,000. (Contract
No. R40807)
AT THE REQUEST OF THE AGRICULTURAL COMMISSIONER, THIS ITEM REMOVED
FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM
WILL RETURN ON A SUBSEQUENT AGENDA.
PAGE 1
OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -OCTOBER 25, 2005
0521-001 2. Willdan - Amendment - approval is requested for an amendment
to the agreement with Willdan for the provision of plan
examination and building permit/inspection services. The
amendment increases the maximum amount payable by $405,000
for plan check and inspection services for fiscal year 2005-
2006. All other terms and provisions remain the same. Board
approval is also requested for a transfer from the General
Fund Appropriation for Contingencies to fund the agreement -
action requested - APPROVE A BUDGET TRANSFER (4 /5 vote
required) ACCEPTING AND APPROPRIATING $405,000 FROM THE
GENERAL FUND APPROPRIATION FOR CONTINGENCIES; AND APPROVE THE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X14838)
AT THE REQUEST OF THE DEVELOPMENT SERVICES DEPARTMENT, THIS ITEM
REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION.
THE ITEM WILL RETURN ON A SUBSEQUENT AGENDA.
3. Reuse Assistance Grant - approval is requested to apply to
the California Integrated waste Management Board, on behalf
of TFI, Inc., of Chico, for Reuse Assistance Grant funds.
The County will act as the public agency for the grant on
behalf of TFI Inc. TFI Inc., is proposing to use the grant
funds to develop a system to recapture materials generated
in their manufacturing process and to reuse them as other
products, including landscape materials. It is estimated
that the program will divert 15 to 25 tons of refuse per
month from the landfill - action requested - ADOPT RESOLUTION
AUTHORIZING SUBMISSION OF THE GRANT APPLICATION AND AUTHORIZE
THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR OF PUBLIC
WORKS, OR HIS DESIGNEE, TO EXECUTE ALL DOCUMENTS NECESSARY
TO IMPLEMENT AND CARRY OUT THE PURPOSES SPECIFIED IN THE
GRANT APPLICATION.
AT THE REQUEST OF THE PUBLIC WORKS DEPARTMENT, THIS ITEM REMOVED
FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION.
4. Chico Memorial Hall Committee - action requested - APPOINT
W.N. "BILL" ANDRUS, DELEGATE, AND LARRY WAHL, ALTERNATE,
VETERANS OF FOREIGN WARS REPRESENTATIVES, TO A TERM TO END
JUNE 30, 2006. (FROM 10-25-05 [3.32])
AT THE REQUEST OF THE CLERK OF THE BOARD, THIS ITEM REMOVED FROM
THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THIS ITEM WILL
RETURN ON A SUBSEQUENT AGENDA.
MINUTES
PAGE 2
OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 25, 2005
CONSENT AGENDA
0521-002 1. State of California, Department of Food and
Agriculture - approval is requested for a revenue agreement
with the State of California, Department of Food and
Agriculture, for funds to support the Seed Services Program,
Nursery Inspection Program, and Sudden Oak Death Program.
The term of the agreement is July 1, 2005, through
June 30, 2006, with a maximum amount payable to the County
of $33,438.25 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40813)
2. State of California, Department of Food and
Agriculture - approval is requested for a revenue agreement
with the State of California, Department of Food and
Agriculture, for funds to support the Glassy-winged
Sharpshooter Program and the Pierce's Disease Program. The
term of the agreement is July 1, 2005, through June 30, 2006,
with a maximum amount payable to the County of $113,719.02 -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. R40806)
3. Substance Abuse and Mental Health Services Administration -
Connecting Circles of Care Grant - approval is requested to
accept and appropriate grant funds received under the
Substance Abuse and Mental Health Services Administration's
Connecting Circles of Care Grant program. The County will
receive $8,176,669 over a six-year period to provide a
variety of services for severely emotionally disturbed
children. The department is requesting the Board accept and
appropriate $746,001, which represents approximately 750 of
the Year One award - action requested - APPROVE BUDGET
TRANSFER B-101 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT.
4. Cherokee Restoration Fellowship - Amendment - approval is
requested for an amendment to the agreement with Cherokee
Restoration Fellowship for the provision of residential
treatment services. The amendment increases the maximum
amount payable by $12,818.55 (department budget), and revises
the agreement's exhibits to reflect the change. 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. X15667)
5. Runaway and Homeless Youth Grant - approval is requested to
reduce revenue and appropriations associated with the Runaway
and Homeless Youth Grant. The department was notified that
the actual grant award was $19,608 below the estimate
contained in the adopted budget, and adjustment is needed to
reflect the actual amount awarded - action requested -
APPROVE BUDGET TRANSFER B-100 REDUCING APPROPRIATIONS AND
REVENUE AS DETAILED IN THE AGENDA REPORT.
MINUTES
PacE 3 OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
0521-002
MINUTES
PAGE 4
OCTOBER 25, 2005
MINUTES -OCTOBER 25, 2005
6. Projects for Assistance in Transition from Homelessness
Grant - approval is requested to accept and appropriate an
additional $9,059 allocation for the Projects for Assistance
in Transition from Homelessness Grant. The funds are used
to provide services, emergency housing and job training for
homeless or at-risk clients - action requested - APPROVE
BUDGET TRANSFER B-099 (4/5 vote required) ACCEPTING AND
APPROPRIATING THE UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
7. Code Enforcement Advisory Board - Supervisor Dolan submits
her nomination for District 2 Representative to the Butte
County Code Enforcement Advisory Board - action requested -
APPOINT RICHARD SPELLMANN, DISTRICT 2 REPRESENTATIVE.
8. Rolls, Anderson & Rolls Civil Engineering -
Amendment - approval is requested for an amendment to the
agreement with Rolls, Anderson & Rolls Civil Engineering for
the preparation of sewer facility studies in support of the
Chico Urban Area Nitrate Compliance Plan. The amendment
extends the term of the agreement through June 30, 2007,
increases the maximum amount payable by $10,000 (CSA No. 114
budget) for the extended term, and revises the agreement's
exhibits to reflect the changes. All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X10803)
9. NorthStar Engineering - approval is requested for an
agreement with NorthStar Engineering for the preparation of
a Chapmantown Affordable Housing Conceptional Design and
Feasibility Study. The term of the agreement is
September 23, 2005, through March 31, 2007, with a maximum
amount payable of $31,723 (Community Development Block Grant
funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
10. Rochelle A. Forbis - approval is requested for an agreement
with Rochelle A. Forbis for the provision of Indigent Defense
Services. The term of the agreement is November 1, 2005,
through December 31, 2008, with an annual compensation rate
of $41,616 per year (Public Defender budget [$27,744 for the
remainder of fiscal year 2005-2006]) - action requested -
APPOINT ROCHELLE A. FORBIS TO THE PUBLIC DEFENDER CONSORTIUM;
AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
11. Approval of Minutes - action requested - APPROVE MINUTES OF
OCTOBER 26, 2004, NOVEMBER 9, 2004, NOVEMBER 10, 2004, AND
NOVEMBER 30, 2004, WITH THE NOTATION THAT SUPERVISOR CONNELLY
WILL ABSTAIN FROM APPROVAL OF 2004 MINUTES.
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 25, 2005
0521-002 12. November Meeting Calendar - approval is requested to cancel
the meeting of November 22, 2005 - action requested - CANCEL
NOVEMBER 22, 2005, MEETING.
13. Butte County District Attorney - approval is requested for
a Memorandum of Understanding with the District Attorney for
the provision of welfare fraud investigative services. The
term of the agreement is July 1, 2005, through June 30, 2006,
with a maximum amount payable of $1,357,810 (CalWORKs and
Food Stamp Administrative Allocations) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
14. Butte County District Attorney - Amendment - approval is
requested for an amendment to the Memorandum of Understanding
with the District Attorney for the provision of in-home
supportive services fraud and adult/elder abuse crimes
investigative services. The amendment increases the maximum
amount payable by $25,000 (department budget) for fiscal year
2005-2006. All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X14623)
15. State of California, Department of Forestry and Fire
Protection - approval is requested for an Emergency Equipment
Rental Agreement with the State of California, Department of
Forestry and Fire Protection. Under the terms of the
agreement the State may utilize County fire equipment on
State incidents during periods of extreme need. Proposed are
two agreements, one for the period of August 26, 2005,
through September 11, 2005, and one for the period of
September 12, 2005, through June 30, 2006. The amount to be
charged to the State for use of the equipment is based on the
current Office of Emergency Services California Fire
Assistance Agreement rate letter. The rates in the two
agreements range from $31.00 per hour to $71.00 per hour,
depending on the equipment used. The funds generated by the
agreement will be deposited into the Community Cost Share
Trust Fund - action requested - APPROVE AGREEMENTS (2) AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE REVENUE
FROM THE AGREEMENT TO BE DEPOSITED INTO THE COMMUNITY COST
SHARE TRUST FUND.
16. Paradise Veterans Memorial Hall Repairs - approval is
requested for a transfer of $3,300 from the General Fund
Appropriation for Contingencies to provide the funds needed
to install new vinyl and underlayment in the foyer of the
Paradise Veterans Memorial Hall - action requested - APPROVE
BUDGET TRANSFER B-109 (4/5 vote required) ACCEPTING AND
APPROPRIATING $3,300 FROM THE GENERAL FUND APPROPRIATION FOR
CONTINGENCIES AS DETAILED IN THE AGENDA REPORT.
MINUTES
PacE 5 OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 25, 2005
0521-002 17. Butte County Employees' Association - Memorandum of
Understanding - approval is requested for a successor
Memorandum of Understanding with the Butte County Employees'
Association, which includes the following major changes
resulting from the meet and confer process: agreement term
to be October 1, 2004, through September 30, 2007; salaries
to be increased by lo, retroactive to December 18, 2004; and
an increase in County contribution to employee health
premiums, effective January 1, 2005 - action requested -
APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR
TO SIGN.
18. City of Chico - approval is requested for a revenue agreement
with the City of Chico for supplemental funding assistance
for the Chico Branch Library for fiscal year 2005-2006. The
funds received from the City provide an additional 25 hours
of operation per week. The term of the agreement is
October 1, 2005, through June 30, 2006, with a maximum amount
payable to the County of $108,750. Approval is also
requested for a budget transfer to accept and appropriate
$18,750 of the allocation - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW
BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE
BUDGET TRANSFER B-103 (4/5 vote required) ACCEPTING AND
APPROPRIATING THE UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT.
19. Resolution Proclaiming November 14-20, 2005, as Children's
Book Week - action requested - ADOPT RESOLUTION 05-134 AND
AUTHORIZE THE CHAIR TO SIGN.
20. California Department of Health Services - approval is
requested for a grant agreement with the California
Department of Health Services for funds to support Public
Health preparedness and response to bioterrorism activities.
The term of the agreement is August 31, 2005, through
August 30, 2006, with a maximum amount payable to the County
of $314,047 - action requested - APPROVE AGREEMENT AND
CERTIFICATION FORM AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
21. Greg Costo - Amendment - approval is requested for an
amendment to the agreement with Greg Costo for services as
part-time Lab Director for the Public Health Department. The
amendment extends the term of the agreement through
June 30, 2006, increases the hourly compensation rate for
travel time by $3.00 per hour, and increases the maximum
amount payable by $65,000 (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. X14917)
MINUTES
PacE 6 OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 25, 2005
0521-002 22. Right-of-way Relinquishments - approval is requested for an
agreement with the State of California to acquire portions
of right-of-way no longer necessary for the main traveled
road way of Highway 70. The State acquired the right-of-way
as part of the improvement project for State Highway 70 . Now
that the project is complete, the State desires to relinquish
to the County the right-of-way acquired that is no longer
necessary - action requested - AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO ENTER INTO AN AGREEMENT WITH THE STATE OF
CALIFORNIA TO ACQUIRE THOSE PORTIONS OF RIGHT-OF-WAY NO
LONGER NECESSARY FOR THE MAIN TRAVELED ROAD WAY OF HIGHWAY
70; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO WAIVE THE 90-
DAY NOTICE OF "INTENTION TO RELINQUISH" REQUIREMENT CONTAINED
IN STREETS AND HIGHWAYS CODE SECTION 73; AND AUTHORIZE THE
DIRECTOR OF PUBLIC WORKS TO ACCEPT THOSE PORTIONS OF RIGHT-
OF-WAY NO LONGER NECESSARY TO THE MAIN TRAVELED ROAD WAY OF
HIGHWAY 70 AS DEEDED BY THE STATE OF CALIFORNIA TO THE COUNTY
OF BUTTE.
23. Red Hawk Ranch Subdivision - APN 047-460-005, is a
conditionally approved 7-lot public street subdivision
located on the north side of Keefer Road and the east side
of Highway 99, and located within the North Chico Specific
Plan area. The subdivision has annexed to County Service
Area No. 180 to provide storm drainage maintenance, fire
protection services and street lighting. The developer has
complied with the Conditions of Approval, has completed the
construction of the required road and drainage improvements,
and has provided a letter of credit to guarantee construction
of the remaining fire protection and street lighting
improvements - action requested - APPROVE THE FINAL MAP FOR
THE RED HAWK RANCH SUBDIVISION; APPROVE THE NEW PUBLIC STREET
NAME "HAWK PLACE"; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE
KEEFER ROAD AND HAWK PLACE AS OFFERED FOR DEDICATION IN THE
OWNER'S STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE
THE RELINQUISHMENT OF ABUTTERS RIGHTS OF ACCESS ALONG THE
HIGHWAY 99 FRONTAGE AS OFFERED FOR DEDICATION IN THE OWNER'S
STATEMENT; ACCEPT ON BEHALF OF THE COUNTY OF BUTTE THE
EASEMENT FOR STORM DRAINAGE PURPOSES AS OFFERED FOR
DEDICATION IN THE OWNER'S STATEMENT; AND APPROVE THE
SUBDIVISION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
MINUTES
PacE 7 OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 25, 2005
0521-002 24. State of California, Office of Traffic Safety - approval is
requested for a grant agreement with the State of California,
Office of Traffic Safety, for $175,000 to implement an
automated collision and tracking program with GIS
capabilities and website interaction, in conjunction with the
California Highway Patrol and other local agencies. Board
approval is also requested to accept and appropriate the
grant funds, and to authorize the fixed asset purchases of
equipment in support of the grant - action requested -
AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ENTER INTO THE
GRANT AGREEMENT WITH THE STATE OF CALIFORNIA, OFFICE OF
TRAFFIC SAFETY, FOR AN AUTOMATED COLLISION ANALYSIS AND
TRACKING-GIS WITH WEBSITE INTERACTION CAPABILITY PROGRAM
SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ENTER
INTO AGREEMENTS WITH QUALIFIED CONSULTANTS AND VENDORS FOR
THE ITEMS OUTLINED WITHIN THE OFFICE OF TRAFFIC SAFETY GRANT;
APPROVE BUDGET TRANSFER B-104 (4 /5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE
AGENDA REPORT; AND APPROVE THE PURCHASE OF FIXED ASSET
EQUIPMENT AND ASSETS AS SPECIFIED IN THE GRANT.
25. Transit System Operations Budget Transfer - approval is
requested to transfer $300,935 from the available fund
balance in the Transit F0131 fund to provide the
appropriation needed to pay for the County's share of
operating costs of the Chico Area Transit System and Chico
Clipper for fiscal year 2004-2005 - action requested -
APPROVE BUDGET TRANSFER B-105 (4 /5 vote required) ACCEPTING
AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT.
26. Resolution Directing Commencement of Procedures to Establish
an Increased Annual Service Charge in County Service Area
(CSA) No. 17 (Purposed Zone 2) That would Include Alley
Maintenance Services and Setting a Public Hearing to Consider
Such Charge within a Newly Created Zone of Benefit Known as
Zone 2 - approval is requested for a resolution which would
initiate the process necessary to set an annual service
charge in a newly created zone of CSA No. 17 (South
Oroville/Las Plumas Park Lighting). Board approval is also
requested for a budget transfer of $3,000 from the
undesignated fund balance to the CSA's budget to provide the
appropriation for expansion of powers related expenses -
action requested - ADOPT RESOLUTION 05-135 SETTING A PUBLIC
HEARING FOR TUESDAY, DECEMBER 13, 2005, AT 10:30 A.M., TO
CONSIDER INCREASED ANNUAL SERVICE CHARGES IN CSA NO. 17 AND
AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER
B-108 (4 /5 vote required) ACCEPTING AND APPROPRIATING FUNDS
AS DETAILED IN THE AGENDA REPORT.
MINUTES
PacE 8 OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -OCTOBER 25, 2005
0521-002 27. Budget Augmentation - approval is requested to accept and
appropriate $170,000 from the General Fund Appropriation for
Contingencies to the department's budget as an additional
fiscal year 2005-2006 budget augmentation. The funds, freed-
up by the SB 1033 process, will be used to reinstate a
Lieutenant position, augment the fuel budget, and to purchase
fixed assets, equipment and supplies - action requested -
APPROVE BUDGET TRANSFER B-107 (4 /5 vote required) ACCEPTING
AND APPROPRIATING $170,000 FROM THE GENERAL FUND
APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA
REPORT; APPROVE THE EXPENDITURE OF FUNDS FOR ONE
ADMINISTRATIVE LIEUTENANT POSITION; AND APPROVE THE FIXED
ASSET PURCHASE OF A REPORT WRITING SOFTWARE SYSTEM AND A
COMPUTER SERVER AS DETAILED IN THE AGENDA REPORT.
28. Resolution Proclaiming the Week of October 23-31, 2005, as
Red Ribbon week in Butte County and Drug Activity Education
Trust Budget Transfer - approval is requested for a
resolution proclaiming the week of October 23-31, 2005, as
Red Ribbon week in Butte County. Red Ribbon week calls upon
all Americans to show their support for a drug-free state by
wearing a red ribbon and participating in drug-free
activities. Board approval is also requested to transfer
$8, 000 from the Drug and Gang Activity Education Fund to fund
a program to present medical professionals with information
on the successful treatment of methamphetamine addiction, and
to implement a public service media campaign to discourage
methamphetamine use - action requested - ADOPT RESOLUTION
05-136 AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET
TRANSFER B-106 (4 /5 vote required) ACCEPTING AND
APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE AGENDA
REPORT.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH REMOVAL OF ITEMS 3.01,
3.14, 3.26 AND 3.32.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR YAMAGUCHI READ RESOLUTIONS ACKNOWLEDGING CHILDREN'S BOOK
WEEK AND RED RIBBON WEEK.
DENNIS HOPTOWIT, PUBLIC DEFENDER CONSORTIUM, INTRODUCED ROCHELLE
FORBIS, THE COUNTY'S NEWEST MEMBER OF THE PUBLIC DEFENDER
CONSORTIUM.
REGULAR AGENDA
0521-003 Boards, Commissions and Committees. (455)
1. Appointments to Listed Vacancies.
MINUTES
PAGE 9
OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 25, 2005
0521-003 2. Board Member or Committee Reports.
3. California State Association of Counties - action requested -
APPOINT REPRESENTATIVE AND ALTERNATE REPRESENTATIVE TO A TERM
TO END NOVEMBER 2006.
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN, REPRESENTATIVE, AND
SUPERVISOR CONNELLY, ALTERNATE, TO A TERM TO END NOVEMBER 2006.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0521-004 Update on Current Budget and Legislative Issues by the Chief
Administrative Officer. (539) PAUL MCINTOSH, CHIEF
ADMINISTRATIVE OFFICER, STATED THAT THERE WAS NO NEW LEGISLATIVE
INFORMATION TO REPORT.
1. Presentation by representatives of the Quezon Province,
Republic of the Philippines, regarding a sister city
program - action requested - ACCEPT FOR INFORMATION; AND
STAFF DIRECTION AS NEEDED.
THE BOARD ACCEPTED THE PROPOSAL OF A SISTER CITY PROGRAM WITH THE
QUEZON PROVINCE, REPUBLIC OF THE PHILIPPINE, AND DIRECTED STAFF TO
RETURN TO THE BOARD INFORMATION ON THE STEPS NEEDED TO IMPLEMENT
THE PROGRAM.
0521-005 Disaster Preparedness - Report to the Board - report on the
County's disaster preparedness efforts - action requested - ACCEPT
FOR INFORMATION. (951)
REPORT TO THE BOARD BY JOHN GULSERIAN, EMERGENCY SERVICES OFFICER.
RECESS: 10:02 A.M.
RECONVENE: 10:24 A.M.
PUBLIC HEARINGS AND TIMED ITEMS
0521-006 Continued Public Hearing - Chico Area Recreation and Park District
Fees - consideration of a resolution, pursuant to Butte County
Code Section 16-33, increasing the amount of park facility fees
for the area within the Chico Area Recreation and Park District -
action requested:
1. ADOPT A RESOLUTION APPROVING THE CHICO AREA RECREATION AND
PARK DISTRICT'S REQUESTED INCREASE TO PARK FACILITY FEES OF
$495, FOR A TOTAL FEE OF $2,375, AND AUTHORIZE THE CHAIR TO
SIGN; OR
2. ADOPT A RESOLUTION APPROVING AN INCREASED AMOUNT DIFFERENT
FROM THE CHICO AREA RECREATION AND PARK DISTRICT'S REQUEST,
NOT TO EXCEED THE MAXIMUM INCREASE OF $826; AND/OR
MINUTES
PacE l0 OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 25, 2005
0521-006 3. PROVIDE FURTHER DIRECTION. (FROM 9-13-05 [5.01]) (1896)
PUBLIC HEARING RECONVENED: 10:24 A.M.
PUBLIC HEARING CLOSED: 10:39 P.M.
MOTION: I MOVE TO ADOPT RESOLUTION 05-136 APPROVING THE CHICO AREA
RECREATION AND PARK DISTRICT'S REQUESTED INCREASE TO PARK FACILITY
FEES OF $495, FOR A TOTAL FEE OF $2,375, AND AUTHORIZE THE CHAIR
TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 N (Motion Carried)
0521-007 Continued Public Hearing - Tentative Parcel Map Appeal - Ramon
LeFevre - consideration of an appeal of a denial of a Tentative
Parcel Map to divide two 20-acre parcels into four parcels (two at
5 acres and two at 15 acres in the Critical winter Deer Herd Area)
and a 200 acre parcel that is offered as permanent open space on
property zoned A-5 (Agricultural - 5 acre parcels) and located on
the south side of LeFevre Lane at Century Court, approximately
4, 000 feet west of Upham Road in the Bangor area and identified as
APN 028-180-052, 056, 057 (CD [TPM 04N-30]) - action requested -
STAFF RECOMMENDS THE BOARD REMAND THE PROJECT BACK TO THE
DEPARTMENT OF DEVELOPMENT SERVICES FOR APPLICANT PREPARATION OF A
BIOLOGICAL STUDY TO BE INCORPORATED INTO AN INITIAL STUDY AND
AGENDA REPORT TO BE CONSIDERED BY THE PLANNING COMMISSION.
(FROM 9-27-05 [5.04]) (2662) (**00)
PUBLIC HEARING RECONVENED: 10:40 A.M.
PUBLIC HEARING CLOSED: 11:25 A.M.
MOTION: I MOVE TO REMAND THE PROJECT BACK TO THE DEPARTMENT OF DEVELOPMENT
SERVICES FOR THE APPLICANT'S PREPARATION OF A BIOLOGICAL STUDY TO
BE INCORPORATED INTO AN INITIAL STUDY AND AGENDA REPORT TO BE
CONSIDERED BY THE PLANNING COMMISSION; WITH THE ADDITIONAL
DIRECTION THAT THIS PROJECT IS TO BE PLACED ON THE FAST TRACK.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 11:26 A.M.
RECONVENE : 11:3 6 A . M .
MINUTES PacE ll OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -OCTOBER 25, 2005
REGULAR AGENDA
0521-008 Permanent Road Divisions - discussion regarding development of a
policy for Permanent Road Divisions. Permanent Road Divisions are
similar to County Service Areas, but are established specifically
for road maintenance. The proposed policy will result in a new
funding source to maintain the local roads that come into our
County road system through the subdivision process - action
requested - DIRECT STAFF TO DEVELOP WRITTEN POLICY AND PROCEDURES
FOR THE ESTABLISHMENT OF PERMANENT ROAD DIVISIONS AND RETURN
DOCUMENTS TO THE BOARD FOR FINAL REVIEW AND ADOPTION. (**1001)
MOTION: I MOVE TO DIRECT STAFF TO DEVELOP WRITTEN POLICY AND PROCEDURES
FOR THE ESTABLISHMENT OF PERMANENT ROAD DIVISIONS AND RETURN
DOCUMENTS TO THE BOARD FOR FINAL REVIEW AND ADOPTION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0521-009 Speedway Avenue Extension Project (County Project No. 502550-99-
1) - Addendum to Initial Study and Approved Mitigated Negative
Declaration - consideration of a proposed addendum to the Initial
Study and approved Mitigated Negative Declaration as a result of
required frontage road work that extends beyond the previous study
limits - action requested - ADOPT THE ADDENDUM TO THE INITIAL
STUDY AND APPROVED MITIGATED NEGATIVE DECLARATION FOR THE SPEEDWAY
AVENUE EXTENSION PROJECT. (**2530)
MOTION: I MOVE TO ADOPT THE ADDENDUM TO THE INITIAL STUDY AND APPROVED
MITIGATED NEGATIVE DECLARATION FOR THE SPEEDWAY AVENUE EXTENSION
PROJECT.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
0521-010 Items Removed from the Consent Agenda for Board Consideration and
Action. (**3123) (NONE)
PUBLIC COMMENT
0521-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. (**3130)
1. SUSAN BURKE, ROWELL FAMILY EMPOWERMENT OF NORTHERN
CALIFORNIA, ADDRESSED THE BOARD TO EXPRESS THE AGENCY'S
EXCITEMENT IN PARTICIPATING IN THE SUBSTANCE ABUSE AND MENTAL
HEALTH SERVICES ADMINISTRATION CONNECTING CIRCLES OF CARE
GRANT.
MINUTES
PAGE 12
OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS MINUTES -OCTOBER 25, 2005
CLOSED SESSION
0521-012 RECESS: RECESSED AT 12:29 P.M. TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) 1. WHEAT V. COUNTY OF BUTTE (BUTTE
COUNTY SUPERIOR COURT CASE NO. 128644); AND 2.
LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
A CLOSED SESSION CONFERENCE TO DISCUSS PUBLIC
EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL;
A CLOSED SESSION CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVE: JEANNE
GRAVETTE. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY
EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE
COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); DEPUTY
SHERIFFS' ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT
AND MANAGEMENT AND SUPERVISORY UNIT);
PROFESSIONAL EMPLOYEES UNIT; SOCIAL SERVICES
WORKERS UNIT; AND PROBATION PEACE OFFICERS'
ASSOCIATION; AND A CONFERENCE WITH REAL PROPERTY
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54956.8: PROPERTY: APN 026-100-027; AGENCY
NEGOTIATOR: BILL CURRY, DIRECTOR-GENERAL
SERVICES; NEGOTIATING PARTIES: JESSE LEMIRE AND
CINDY LEMIRE; UNDER NEGOTIATION: PRICE AND TERMS
OF PAYMENT OF LEASE. (**3237)
MINUTES
PacE 13 OCTOBER 25, 2005
BUTTE COUNTY BOARD OF SUPERVISORS
MINUTES -OCTOBER 25, 2005
0521-012 RECONVENE: RECONVENED AT 2:40 P.M. FROM A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) 1. WHEAT V. COUNTY OF BUTTE (BUTTE
COUNTY SUPERIOR COURT CASE NO. 128644); AND 2.
LAKE OROVILLE INTERVENTION (FERC PROJECT 2100);
A CLOSED SESSION CONFERENCE TO DISCUSS PUBLIC
EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING
GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957:
CHIEF ADMINISTRATIVE OFFICER AND COUNTY COUNSEL;
A CLOSED SESSION CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY REPRESENTATIVE: JEANNE
GRAVETTE. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY
EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE
COUNTY MANAGEMENT EMPLOYEES ASSOCIATION
(MANAGEMENT AND SUPERVISORY UNIT); DEPUTY
SHERIFFS' ASSOCIATION (GENERAL UNIT AND
MANAGEMENT AND SUPERVISORY UNIT); BUTTE COUNTY
CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL UNIT
AND MANAGEMENT AND SUPERVISORY UNIT);
PROFESSIONAL EMPLOYEES UNIT; SOCIAL SERVICES
WORKERS UNIT; AND PROBATION PEACE OFFICERS'
ASSOCIATION; AND A CONFERENCE WITH REAL PROPERTY
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54956.8: PROPERTY: APN 026-100-027; AGENCY
NEGOTIATOR: BILL CURRY, DIRECTOR-GENERAL
SERVICES; NEGOTIATING PARTIES: JESSE LEMIRE AND
CINDY LEMIRE; UNDER NEGOTIATION: PRICE AND TERMS
OF PAYMENT OF LEASE. (**3317)(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, NOVEMBER 8, 2005, AT 9:00 A.M.
KIM K. YAMAGUCHI, CHAIR
ATTEST:
Paul McIntosh, Chief Administrative
Office and Clerk of the Board
By:
MINUTES
PAGE 14
OCTOBER 25, 2005