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HomeMy WebLinkAboutA010901BOARD OF SUPERVISORS AGENDA R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM K. YAMAGUCHI, 5th District January 9, 2001 Time Item No. 9:00 A.m. 1.00 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 1.01 Pledge of Allegiance to the Flag of the United States of America. 1.02 Invocation - Liana Fernandez, Spiritual Leader, Unity of Oroville. 2.00 Board of Sup ervisors Orcranization for 2001 2.01 Comments by Chair Dolan 2.02 Election of Board Chair 2.03 Election of Board Vice Chair 2.04 Comments by Supervisors: 1. Chair 2. Board Members 3.00 Consent Agenda Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF DECEMBER 5, 2000, AND DECEMBER 19, 2000. Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET Transfers TRANSFERS B-146 (WELFARE [4 /5 vote required]); B-131 (COUNTY SERVICE AREA #90, ZONES 2 AND 3 [4 /5 vote required]); B-130 (PUBLIC WORKS); B-144 (INFORMATION SYSTEMS); B-143 (PUBLIC WORKS [4 /5 vote required]); AND B-137 (BEHAVIORAL HEALTH (4/5 vote required). Time Item No. Donations 3.03 County Library Donations - in accordance with Government Code Section 25355, donations of $2,200 from the Chico Friends of the Library; $884.50 from the Oroville Friends of the Library; $650 from the Paradise Friends of the Library; $150 from Howard A. Dahlmeier of Oroville; and $100 from Donald A. Murphy of walnut Creek, California, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 3.04 * Fire Donation - the Durham Volunteer Fire Department would like to donate a 1990 T-800 Kenworth water Tender (VIN No. 1XKDD29XOLS536851) with a 3,500 gallon tank and a 500 gallon-per-minute pump, valued at $105,000, to the County. At such time as the County wishes to declare the equipment surplus to the needs of the County, ownership shall revert to the Durham Volunteer Fire Department - action requested - ACCEPT DONATION AS A FIXED ASSET ITEM AND AUTHORIZE A LETTER OF APPRECIATION. Appoint- 3.05 Juvenile Justice Commission/Delinquency Prevention ments Commission - action requested - APPOINT PAM ABRAO TO A VACATED TERM TO END NOVEMBER 25, 2001. 3.06 * Butte County Mosquito and Vector Control District - action requested - REAPPOINT HOWARD TOUSSAINT TO A TERM TO END DECEMBER 31, 2002. 3.07 Oroville Mosquito Abatement District - action requested - REAPPOINT DENNIS D. DIVER AND N.F. "BUSS" ROBERTS TO TERMS TO END DECEMBER 31, 2002. 3.08 * Appointment of Nominees where a Declaration of Candidacy Has Been Filed for the November 7, 2000, Consolidated General Election - action requested - APPOINT/DECLARE ELECTED VIRGIL V. RICKETTS, DIVISION 4 DIRECTOR, OROVILLE-WYANDOTTE IRRIGATION DISTRICT; CLAUDE R. POWERS, DIVISION 1 DIRECTOR, PARADISE IRRIGATION DISTRICT; ROBERT HARTSHORN, DIVISION 2 DIRECTOR, AND STANLEY HUSTON, DIVISION 4 DIRECTOR, THERMALITO IRRIGATION DISTRICT; EDWARD E. SEAGLE, JR., AND MARK T. SWEANY, DIRECTORS, CHICO AREA RECREATION AND PARK DISTRICT; MARC F. GROSSO AND SANDEE WILLIAMS, DIRECTORS, PARADISE RECREATION AND PARK DISTRICT; AND KEITH J. FRASER AND T.C. DENNIS, DIRECTORS, LAKE OROVILLE AREA PUBLIC UTILITY DISTRICT. ALL APPOINTMENTS ARE TO TERMS TO END DECEMBER 3, 2004. Page 2 January 9, 2001 Time Item No. Land Use 3.09 * Recreational Overlay Zone - Zoning Code Amendment/Rezone - Report to the Board - the Planning Commission has recommended denial of a proposal to create a new zoning classification to the Butte County Zoning Code entitled "Recreational Overlay Zone", and a Rezone of approximately 360 acres of land located along the east side of the Feather River - action requested - ACCEPT FOR INFORMATION; AND SET A PUBLIC HEARING FOR CONSIDERATION OF THIS MATTER FOR JANUARY 23, 2001, AT 10:45 A.M. 3.10 * Shirley Prusia (Mooretown Rancheria) - General Plan Amendment/Rezone - Report to the Board - the Planning Commission has recommended approval of a General Plan Amendment from Low Density Residential to Commercial, and a Rezone from A-R (Agricultural Residential) to C-1 (Light Commercial) for 5.48 acres (APN 036-310-162 and 163) located on the northwest corner of Lower Wyandotte Road and Alverda Drive, Oroville - action requested - ACCEPT FOR INFORMATION; AND SET A PUBLIC HEARING FOR CONSIDERATION OF THIS MATTER FOR FEBRUARY 13, 2001, AT 10:30 A.M. Fixed 3.11 * Fire Department - Conveyance of County Property - Assets and Board approval is requested by the Fire Department Facilities to convey a 1971 International Cabover 4070A water Tender (VIN No. Y026214) to the Durham Volunteer Fire Department for disposal. The water tender, donated to the County by the Durham Volunteer Fire Company in 1989, will be replaced with the donation of a new water tender - action requested - AUTHORIZE PUBLICATION OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE SECTIONS 25365 AND 6061. 3.12 * Fire Department - Board approval is requested by the Fire Department to accept bid 36-01, in the amount of $95, 109 .30, from Dietz Equipment for the build-up of water Tender 37. The Golden Feather Volunteer Fire Company has contributed $66,109.30 towards the cost of the build-up, with the remaining $29,000 to come from the Community Cost Share Fund - action requested - APPROVE BUDGET TRANSFER B-142 (4/5 vote required); ACCEPT BID 36-O1 FROM DIETZ EQUIPMENT; AND APPROVE PURCHASE OF A FIXED ASSET ITEM. Page 3 January 9, 2001 Time Item No. 3.13 * Rejection of Bids - Southside Oroville Community Center - Board approval is requested by the General Services Director, at the recommendation of the Southside Oroville Community Center Task Force, to reject all bids received for the Southside Oroville Community Center. All bids received were higher than the budgeted amount available for construction activities - action requested - REJECT BIDS. 3.14 * District Attorney - Board approval is requested by the District Attorney for the sole source purchase of a TRAK (Technology to Recover Abducted Kids) computer system in the amount of $5,515 (department budget). The system provides for the rapid creation and distribution of flyers to assist law enforcement in locating missing or abducted children. The sole source purchase is requested because SocialTech is the only known provider of the software. A budget transfer of department funds is also requested to provide funding for the purchase - action requested - APPROVE BUDGET TRANSFER B-141; AND APPROVE SOLE SOURCE PURCHASE OF TRAK COMPUTER SYSTEM. Audit and 3.15 Local Agency Improvement Fees - the Auditor- Finance Controller submits the Combined Report of Impact Fees or Local Agency Improvement Fees for Fiscal Year 1999-2000. Pursuant to Government Code Section 66006, this item was introduced on the agenda of December 19, 2000, as public notice that the information was available for inspection. No objections or requests for correction were received regarding the report. Review of the report is considered complete with this action - action requested - ACCEPT REPORT. 3.16 * Families United Program - Board approval is requested by the Department of Social welfare for a budget transfer in the amount of $50,000 from the welfare Incentive Trust Fund to provide funding for the Families United Program. The program is designed to provide non-assistance services such as utilities, telephone services, childcare, and transportation to families to allow children to remain in their own homes, or in the homes of relatives. The program will not utilize County General Funds - action requested - APPROVE BUDGET TRANSFER B-145 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS FROM THE WELFARE INCENTIVE TRUST FUND. Page 4 January 9, 2001 Time Item No. 3.17 * Monthly Investment Report - the Treasurer-Tax Collector submits the November 30, 2000, report in accordance with the Butte County Statement of Investment Policy dated July 1, 2000 - action requested - ACCEPT FOR INFORMATION. Ordinances 3.18 Adoption of a Salary Ordinance Amendment - the and Personnel Department submits a salary ordinance Resolutions amendment, pursuant to a side letter of agreement with the Butte County Management Employees Association, which increases the salary range for the position of Director of Health Education from $24.58-$29.88 to $25.23-$30.67, retroactive to October 2, 1999 - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.21] ) 3.19 Adoption of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which corrects the position allocations incorrectly listed in the fiscal year 2000-2001 budget. The amendment deletes two positions of Legal Typist Clerk; and adds two positions of Accounting Specialist/Senior Account Clerk, and one position of Supervising Family Support Case Manager. There are no budgetary impacts associated with these corrections - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.22]) 3.20 Adoption of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which flexibly staffs several positions in the division. The ordinance deletes two positions of Auditor-Accountant II, two positions of Auditor-Accountant I, five positions of Family Support Case Manager, and one position of Information Systems Technician II; and adds four positions of Auditor-Accountant II/I, five positions of Family Support Case Manager III/II/I, and one position of Information Systems Technician II/I. Flexibly staffing the positions will provide the department with greater staffing choices - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.23]) Page 5 January 9, 2001 Time Item No. 3.21 Adoption of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which deletes the following vacant position allocations from the District Attorney-Family Support Division's budget in response to a reduced State budget allocation for the division: one position of Auditor- Accountant II/I, six positions of Family Support Case Manager I, one position of Courier Stock Clerk, one position of Administrative Services Assistant, four positions of Accounting Specialist, eight positions of Office Assistant II, seven positions of Office Assistant III, and one position of Senior Account Clerk/Account Clerk - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.24]) 3.22 Adoption of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which adds one regular help position of Administrative Analyst III/II/I (position to end 6-30-01) The position is being added to fill a vacancy created by a long-term disability absence. Funding for the position is available in the department's budget - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.25]) 3.23 Adoption of a Salary Ordinance Amendment - the Department of Social welfare has requested the Personnel Department prepare a salary ordinance amendment which adds the following positions in support of the Children's Services program: one position of Social worker Supervisor II, four positions of Social Services Aide, one position of Office Assistant III/II/I, and one position of Senior Account Clerk/Account Clerk. Funding for the positions is available utilizing unappropriated funds from the final State allocation for Child welfare Services, Emergency workload Relief - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.26]) Page 6 January 9, 2001 Time Item No. 3.24 Adoption of a Salary Ordinance Amendment - the Local Agency Formation Commission (LAFCo) has requested the Personnel Department prepare a salary ordinance amendment which corrects the effective date of the establishment of LAFCo as an independent budget unit, retroactive to July 1, 2000. The ordinance also establishes the position and salary of the LAFCo/Administrative Support Services Assistant position, retroactive to July 1, 2000, to accurately reflect LAFCo's adoption of these items - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.27]) 3.25 Adoption of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which creates the classification of Senior District Attorney Investigator ($19.13 - $23.25); deletes one position of Assistant Family Support Administrator; and adds one position of Senior District Attorney Investigator. The department is requesting the change to align staffing resources with business needs - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.28]) 3.26 Adoption of a Salary Ordinance Amendment - the District Attorney-Criminal Division has requested the Personnel Department prepare a salary ordinance amendment which allocates two positions of Senior District Attorney Investigator to the Criminal Division-Investigations Unit to provide a supervision structure within the unit. Once the new positions are filled, the department will delete two positions of District Attorney Investigator II/I - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.29] ) 3.27 Adoption of a Salary Ordinance Amendment - the Public works Department has requested the Personnel Department prepare a salary ordinance amendment which reclassifies one half-time position of Secretary I/Office Assistant II/I to one half-time position of Secretary I/Office Assistant III/II/I, to provide the department with greater staffing choices; and reclassifies one position of Supervising Storekeeper to one position of Staff Services Systems Specialist to incorporate the additional duties performed by that position - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-19-00 [3.30]) Page 7 January 9, 2001 Time Item No. 3.28 * Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which will correct the effective date of the salary ordinance amendment for the Director of Environmental Health. The proposed correction provides for an effective date retroactive to October 26, 2000 - action requested - WAIVE READING OF THE ORDINANCE. 3.29 * Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which adds one position of Public Health Nurse III/II/I. The position will provide medical case management services to adult and child clients in support of the Memorandum of Understanding with the Department of Social welfare for services in support of the Alternative Response Team. Funding for the position is provided by the Department of Social welfare - action requested - WAIVE READING OF THE ORDINANCE. 3.30 * Resolution in Appreciation of Judge Ann H. Rutherford Upon Retirement as Judge of the Superior Court Department 3 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Roads 3.31 * Installation of Storm Drainage Facilities Along a Tributary of Wyman Ravine, County Project No. CDBG-97-2 - Contract Change Order (CCO) No. 1 - CCO NO. 1, in the increased amount of $15,000, provides for the extension of the project 300 feet downstream, and 800 feet upstream, to make the system function more efficiently, and for the acceleration of the restoration of the existing drainage channel to historical flowlines - action requested - APPROVE CONTRACT CHANGE ORDER NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 3.32 * Installation of Storm Drainage Facilities Along East Tenth Street (Chico), County Project No. CDBG-97-1 - Contract Change Order (CCO) No. 2 - CCO No. 2, in the increased amount of $2,706.46, provides for the modification to the planned 60 inch corrugated steel pipe needed to complete placement of the pipe - action requested - APPROVE CONTRACT CHANGE ORDER NO. 2 AND AUTHORIZE THE CHAIR TO SIGN. Page 8 January 9, 2001 Time Item No. 3.33 * Installation of Storm Drainage Facilities Along Oroville Chico Highway, County Project No. 48253-95-1 - Contract Change Order (CCO) No. 3 - CCO No. 3 allows for payment to the contractor for materials purchased to complete the project. This CCO does not change the amount of the contract - action requested - APPROVE CCO NO. 3 AND AUTHORIZE THE CHAIR TO SIGN. 3.34 * Installation of Bus Shelters County wide - Contract Change Order (CCO) No. 1 - CCO No. 1, in the increased amount of $5,923.53, provides for the additional work required to assemble shelters which was not included in the original bid. Board approval is also requested for a budget transfer in the amount of $11,705 to provide final funding for the project. The project is being funded with Proposition 116 funds - action requested - APPROVE BUDGET TRANSFER B-132; AND APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 3.35 * Installation of Bus Shelters County wide - Notice of Completion - the project consisted of the placement of concrete pads to support prefabricated bus shelters, and the placement and securing of the shelters to the pads. All contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. 3.36 * Installation of Storm Drainage Facilities Along East Tenth Street (Chico), County Project No. CDBG-97-1 - Notice of Completion - the project consisted of the placement of a corrugated steel pipe, construction of a reinforced concrete storm drain junction box, and the placement of an automatic drainage gate. All work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. Page 9 January 9, 2001 Time Item No. 3.37 * Installation of Storm Drainage Facilities Along a Tributary of Wyman Ravine, County Project No. CDBG-97-2 - Notice of Completion - the project consisted of the construction of an 18-foot wide by 42-foot long timber deck bridge, the placement of rock slope protection, and the restoration of the existing channel to its historical flowline elevation and bank limits. All work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. 3.38 * Reconstruction of Neal Road, County Project No. 46312-92-2 - Notice of Completion - the project consisted of the reconstruction of a portion of an existing two lane roadway by the placement of aggregate base and capping with asphalt concrete. Drainage facilities, metal beam guardrails, and wire mesh fencing were also installed. All work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND AUTHORIZE THE RECORDING OF THE NOTICE OF COMPLETION. 3.39 * Neal Road Acquisition - on February 22, 2000, the Board approved a right-of-way exchange agreement in support of the Neal Road Phase II construction project. The Public works Department is requesting Board approval to accept a grant deed for properties identified as Parcel Numbers 10, 12, and 14 in that agreement - action requested - ACCEPT GRANT DEED AND AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATE OF ACCEPTANCE. 3.40 * Completed Public works Projects 2000 - Report to the Board - the Public works Department submits a report of completed projects for 2000, including locations and project costs - action requested - ACCEPT FOR INFORMATION. Page 10 January 9, 2001 Time Item No. Agreements 3.41 * Northern Valley Catholic Social Service - Board and approval is requested by the Butte County Department Grants of Behavioral Health BCDBH for an agreement with Northern Valley Catholic Social Service for the provision of mental health services for children and youth Medi-Cal clients of BCDBH. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $694,890. The BCDBH budget included $468,364 for this agreement, and Board approval is requested for a budget transfer from the Realignment Trust Fund in the amount of $226,526 to provide additional funding for the agreement. The increase in the contract amount will provide an average of 18 hours of mental health services, per client and/or family, for 192 additional children in the Oroville area, and 48 additional children in the Gridley area - action requested - APPROVE BUDGET TRANSFER B-133 (4/5 vote required); AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.42 * California Mental Health Directors Association - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the California Mental Health Directors Association. The agreement provides for accessibility to medically necessary specialty mental health services for full scope Medi-Cal beneficiaries under the age of 18 who are placed outside Butte County. The amendment extends the term of the agreement through fiscal year 2000-2001, and increases the maximum amount payable to $65,000 (department budget [$40,000 for fiscal year 1999-2000 and $25,000 for fiscal year 2000- 2001]) - action requested - ADOPT A RESOLUTION APPROVING AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11598) 3.43 * Larry Wilcox, Ph.D. - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an agreement with Larry Wilcox, Ph.D., for the provision of psychiatric services and neuropsychological evaluations for BCDBH youth clients. The term of the agreement is December 1, 2000, through June 30, 2001, with a maximum amount payable of $35,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11863) Page 11 January 9, 2001 Time Item No. 3.44 * Butte County Department of Social welfare - Memorandum of Understanding - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for a Memorandum of Understanding with the Butte County Department of Social welfare for the investigation and administration of conservatorships for BCDBH clients. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $140,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11866) 3.45 * Youth for Change - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Youth for Change for the provision of school based specialty mental health services to youth clients and/or their families in the Paradise area. The term of the agreement is January 1, 2001, through June 30, 2001, with a maximum amount payable of $138,513 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.46 * Youth for Change - Therapeutic Behavioral Services - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Youth for Change for the provision of Therapeutic Behavioral Services to children and youth Medi-Cal clients of BCDBH. The amendment increases the maximum amount payable by $186,000 to provide for increased services, and Board approval is requested for a budget transfer from the Realignment Trust Fund to provide funding for the agreement. The term of the agreement remains January 1, 2000, through June 30, 2001 - action requested - APPROVE BUDGET TRANSFER B-135 (4 /5 vote required) ; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 12 January 9, 2001 Time Item No. 3.47 * North Valley Parent Education Network - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an agreement with the North Valley Parent Education Network for the provision of mental health services for children and youth Medi-Cal clients of BCDBH. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $326,834. The BCDBH budget included $238,000 for this agreement, and Board approval is requested for a budget transfer from the Realignment Trust Fund in the amount of $88,834 to provide additional funding for the agreement. The increase in the contract amount will provide an average of 18 hours of school based mental health services, per client and/or family, for 88 additional children in the rural mountain communities in south Butte County - action requested - APPROVE BUDGET TRANSFER B-134 (4/5 vote required); AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.48 * Sacramento Valley Family Services - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Sacramento Valley Family Services for Therapeutic Behavioral Services for children and youth Medi-Cal clients. The amendment increases the maximum amount payable by $190,164 to provide for increased services, and Board approval is requested on a budget transfer from the Realignment Trust Fund to provide funding for the amendment. The term of the agreement remains July 1, 2000, through June 30, 2001 - action requested - APPROVE BUDGET TRANSFER B-136 (4/5 vote required); AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.49 * Housing Authority of Butte County - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with the Housing Authority of Butte County for the provision of housing assistance payments and/or deposits for participants in the Behavioral Health Homeless Mentally Ill Program (Adult System of Care). The term of the agreement is December 1, 2000, through June 30, 2001, with a maximum amount payable of $40,000. Funding for the program has been made available through a grant from the California Department of Mental Health - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 13 January 9, 2001 Time Item No. 3.50 * Oroville Masonic Lodge Association - Board approval is requested by the District Attorney-Family Support Division for a license agreement with the Oroville Masonic Lodge Association which will allow the placement of a fiber optic cable on the roof of a building owned by the Oroville Masonic Lodge Association. The cable is required as part of the construction of the new training facility for the automated Child Support Enforcement System located at 1474 and 1462 Myers Street. The term of the agreement is November 1, 2000, through January 1, 2006 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.51 * State of California, Department of Health Services - Board approval is requested by the Public Health Department for a revenue agreement with the State of California, Department of Health Services for funds in the amount of $44,700 (1000 State) to support immunization services for infants, preschool and school age children. The term of the agreement is January 1, 2001, through December 31, 2001 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Miscel- 3.52 * Advance Life Support Providers - Report to the laneous Board - pursuant to the provisions of the local Emergency Medical Services Ordinance, the County Health Officer submits a report on the performance of the Advance Life Support Providers within Butte County - action requested - ACCEPT FOR INFORMATION. 4.00 Regular Agenda 4.01 Appointments - Commissions and Committees. * 1. Appointments to committee vacancies. * 2. Community Transit Advisory Committee - action requested - APPOINT COUNTY REPRESENTATIVE TO A TERM TO END JANUARY 1, 2005. Page 14 January 9, 2001 Time Item No. 4.01 * 3. Solid waste Permit Enforcement and Appeal (Cont.) Independent Hearing Panel - action requested - APPOINT BOARD MEMBER AND BOARD MEMBER ALTERNATE; APPOINT DONALD ULEN, PUBLIC MEMBER; AND CHRIS IRWIN, PUBLIC MEMBER ALTERNATE; AND REAPPOINT JOE MATZ, SOLID WASTE EXPERT; AND TIM VELIKONIA, SOLID WASTE EXPERT ALTERNATE; ALL TO TERMS TO END JANUARY 6, 2003. * 4. Appointment of Nominees where a Declaration of Candidacy Form Has Not Been Filed for the November 7, 2000, Consolidated General Election - action requested - APPOINT LYLE S. BENNETT, DIVISION 2 DIRECTOR, AND NICK GORE, DIVISION 3 DIRECTOR, DURHAM IRRIGATION DISTRICT (TERMS TO END DECEMBER 3, 2004); AND APPOINT TWO DIRECTORS, RICHVALE RECREATION AND PARK DISTRICT (TERMS TO END DECEMBER 3, 2004). 4.02 Update on legislative and budget activities. (CHIEF ADMINISTRATIVE OFFICER) 4.03 * Lake Oroville Joint Powers Authority - Report to the Board - the Department of water Resources has entered into an agreement with the Lake Oroville Joint Powers Authority (JPA) for reimbursement of costs for the assistance of the JPA in the Department of water Resources' Federal Energy Regulatory Commission's relicensing process - action requested - ACCEPT FOR INFORMATION. (SUPERVISOR BEELER) 4.04 * Butte County/Del Oro water Company/Paradise Irrigation District - Memorandum of Understanding - Board approval is requested by the Department of water and Resource Conservation for a Memorandum of Understanding (MOU) with the Del Oro Water Company and Paradise Irrigation District which specifies a coordinated planning procedure, opportunities for public input, and steps each agency intends to take to evaluate solutions for the Lime Saddle and Paradise Ridge water supply reliability problem. The Butte County water Commission has recommended the Board approve the MOU - action requested - APPROVE THE MOU AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL. (WATER AND RESOURCE CONSERVATION) Page 15 January 9, 2001 Time Item No. 4.05 Items removed from the Consent Agenda for Board consideration and action. 5.00 Public Hearincrs and Timed Items 10:30 A.m. 5.01 * Public Hearing - County of Butte - Aguas Frias Road Bridge - Draft Initial Study/Mitigated Negative Declaration - consideration of the conceptual plans and environmental determination for construction of a new bridge on Aguas Frias Road at Butte Creek. The proposed project site is located on Aguas Frias Road, approximately 16 miles south of the City of Chico. The following coordinates define the project location on the USGS topographic map: T19N, R1E, Section 3, Nw 1/, Nelson 7.5'. The project involves acquisition of additional right-of-way along the east and west sides of the north and south roadway approaches on Aguas Frias Road, and the construction and operation of a new bridge over Butte Creek, replacing two structures currently spanning the main and overflow channels. The new bridge will be constructed on a tangential alignment and immediately downstream of the existing main channel bridge. The new bridge will be a pre-stressed concrete box girder structure. The bridge will consist of eight spans having a total length of approximately 1,045 feet and approximately 32 feet 8 inches in width. The bridge will be supported on cast-in-drilled-hole piling supported columns and concrete abutment walls on steel H-pilings. The bridge approach roadway construction will extend approximately 600 feet to the north and south, and involve the attachment of levee top access to the new approach roadways. The project is intended to serve existing vehicle traffic currently using Aguas Frias Road and crossing Butte Creek. The proposed project will provide for a safer roadway as well as increased hydraulic efficiency at the site. No change in traffic is anticipated as a consequence of the project. The construction contract for the project is expected to be awarded in April or May 2002, with construction beginning May or June 2002, and extending into November 2003. A draft mitigated negative declaration has been prepared for the proposed project. The public review period began on December 8, 2000, and will end January 8, 2001. The Initial Study, upon which the proposed Mitigated Negative Declaration is based, concludes that potential environmental impacts will be reduced to less-than-significant levels - action requested: (Continued on Page 17) Page 16 January 9, 2001 Time Item No. 5.01 1. FIND THAT THERE IS NO SUBSTANTIAL EVIDENCE IN (Cont.) THE RECORD THAT THE AGUAS FRIAS ROAD BRIDGE ACROSS BUTTE CREEK, BUTTE COUNTY PROJECT NUMBER 12201-95-1, WILL HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT; AND 2. ADOPT A NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATIONS 1-21 AS DETAILED IN THE AGENDA REPORT DATED DECEMBER 20, 2000, SUBJECT TO THE FOLLOWING FINDINGS: A) THAT AN INITIAL STUDY WAS COMPLETED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND SAID STUDY IDENTIFIED POTENTIAL SIGNIFICANT ENVIRONMENTAL EFFECTS, AND INCLUDES MITIGATION MEASURES THAT WOULD MITIGATE SUCH EFFECTS BELOW SIGNIFICANT LEVELS; AND B) THAT THE BOARD OF SUPERVISORS HAS INDEPENDENTLY REVIEWED, ANALYZED AND CONSIDERED THE PROPOSED NEGATIVE DECLARATION WITH MITIGATION MEASURES PRIOR TO MAKING ITS DECISION ON THE PROJECT, AND HEREBY FINDS THAT THE NEGATIVE DECLARATION WITH MITIGATION MEASURES REDUCES IMPACTS BELOW LEVELS OF SIGNIFICANCE, AND REFLECTS THE INDEPENDENT JUDGMENT OF BUTTE COUNTY, AND AUTHORIZE THE CHAIR TO SIGN. 11:00 A.m. 5.02 Continued Timed Item - Consideration of an Appeal - the Butte County Professional Peace Officers' Association filed a recognition petition and request for modification to the existing General and Management Units, and for the formation of a new bargaining unit(s) for Probation Officers. The Employee Relations Officer has denied that petition, and the Butte County Professional Peace Officers' Association has filed an appeal of that determination pursuant to Personnel Rule 10.9 - action requested - RECONVENE HEARING AND MAKE DETERMINATION. (FROM 12-5-00 [5.02]) Page 17 January 9, 2001 Time Item No. 11:15 A.m. 5.03 Continued Public Hearing - Public Hearing - Appeal - Tentative Parcel Map - Becky Yount (Jim Miller) - consideration of an appeal of the conditions of approval of a Tentative Parcel Map to divide a 16.75 acre parcel into three parcels: one parcel of 1.2 acres, one parcel of 7.35 acres, and one parcel of 8.2 acres. Access to parcels 1 and 2 will be from Speedway Avenue, and access to parcel 3 will be from Entler Avenue. Sewage disposal for the future dwellings on the site will be handled by on-site septic systems, and domestic water will be obtained from individual on-site wells. The project also includes a Lot Line Adjustment between the site and APN 040-030-054. The common property line will be moved to the south and the east. APN 040-030-054 will increase in size from .94 acres to approximately 1.3 acres (SB TPM-00-04) - action requested - STAFF RECOMMENDS THAT THE BOARD TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, DENY APPEAL O1-05; 2. SUBJECT TO FINDINGS II (A-C) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, APPROVE AN EXCEPTION TO THE REQUIREMENTS OF BUTTE COUNTY CODE SECTION 20-133 TO ALLOW MORE THAN TWENTY PARCELS TO BE SERVED BY A CUL-DE-SAC STREET IN AN URBAN AREA; 3. FIND THAT THE LOT LINE ADJUSTMENT FOR BECKY YOUNT IS EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), UNDER SECTION 15305 (CLASS 5 OF CEQA, WHICH STATES THAT MINOR ALTERATIONS IN LAND USE LIMITATIONS CAN BE APPROVED IN AREAS WITH AN AVERAGE SLOPE OF LESS THAN 200, AND THAT DO NOT RESULT IN ANY CHANGES IN LAND USE, INCLUDING, BUT NOT LIMITED TO, LOT LINE ADJUSTMENTS NOT RESULTING IN THE CREATION OF ANY NEW PARCEL (SECTION 153305 (a)). SECTION 15300.2 (a) FURTHER ALLOWS FOR A CLASS 5 EXEMPTION UPON CONSIDERATION WHERE THE PROJECT IS LOCATED. IT STATES THAT A PROJECT THAT IS ORDINARILY INSIGNIFICANT IN ITS IMPACT TO THE ENVIRONMENT MAY IN A PARTICULARLY SENSITIVE ENVIRONMENT BE SIGNIFICANT. THERE ARE NO ENVIRONMENTALLY SENSITIVE AREAS ON THE PROJECT SITE; (Continued on Page 19) Page 18 January 9, 2001 Time Item No. 5.03 4. SUBJECT TO FINDINGS IV (A-C) AS DETAILED IN (Cont.) THE STAFF REPORT DATED DECEMBER 5, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED DECEMBER 5, 2000, APPROVE THE LOT LINE ADJUSTMENT FOR BECKY YOUNT; 5. SUBJECT TO FINDINGS V(A-D) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS, WITH MITIGATION MEASURES 1-7 AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, AND AUTHORIZE THE CHAIR TO SIGN; 6. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT BECAUSE THE PROPERTY HAS UNDERGONE EXTENSIVE AGRICULTURAL OPERATIONS THAT HAVE ELIMINATED MOST OF THE NATURAL HABITAT AND NO DEVELOPMENT WILL BE ALLOWED WITHIN 150 FEET OF COMANCHE CREEK IN ORDER TO PRESERVE RIPARIAN HABITAT. THEREFORE, A "DE MINIMUS" IMPACT OF FINDING REGARDING FISH AND/OR WILDLIFE OR THEIR HABITAT IS HEREBY MADE, AND THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, IS NOT REQUIRED; AND 7. SUBJECT TO FINDINGS VII(A-G) AS DETAILED IN THE STAFF REPORT DATED DECEMBER 5, 2000, AND THE CONDITIONS OF APPROVAL DETAILED IN EXHIBIT "B" OF THE STAFF REPORT DATED DECEMBER 5, 2000, APPROVE TENTATIVE PARCEL MAP TPM 00-04 FOR BECKY YOUNT. (FROM 12-5-00 [5.04] ) Page 19 January 9, 2001 Time Item No. 1:30 P.m. 5.04 * Public Hearing - Appeal - Certificate of Merger - Richard Ramsey - consideration of an appeal regarding the determination on an application for a Certificate of Merger to merge APN 042-090-047 and 048, into one parcel. The property is located on the southwest side of Highway 32, 2,150 feet northwest of Kennedy Avenue, Chico area - action requested - FIND THAT THE INSTALLATION OF A PRESSURIZED FIRE PROTECTION SYSTEM IS NECESSARY FOR PUBLIC HEALTH AND SAFETY, AND DENY THE APPEAL. 6.00 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) 7.00 Closed Session 7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. 7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE POTENTIAL CASE. 7.03 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) JONES V. BUTTE COUNTY. 7.04 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND BILL AVERY. EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT), AND BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL, AND SUPERVISORY UNIT). 7.05 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PUBLIC WORKS. Page 20 January 9, 2001 Time Item No. 8.00 Communications 8.01 Communications received and referred. (A LISTING AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD'S OFFICE.) Sharol H. Strickland, Court Executive Officer, Superior Court of California, County of Butte, submits Resolution 2000001, Resolution Relative to the Implementation of the Trial Court Employment Protection and Governance Act Pursuant to the Provisions of Senate Bill 2140, Chapter 1010, Statutes of 2000. (REFER TO PERSONNEL) A copy of the agenda and supporting material provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) is available in the Administrative Office for your review. Please do not remove items from this file. A copy can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are available at the Administrative Office upon request. An "*" appearing before an agenda item in the agenda signifies that material has been provided to the Board of Supervisors members to explain this item. Page 21 January 9, 2001