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HomeMy WebLinkAboutA042203BUTTE COUNTY BOARD OF SUPERVISORS AGENDA APRIL 22, 2003 :: ~ .:.:. -- ~~~ -~.--~ -_ ~~ ,_~- - - _ .:. ..: ~ ~- County Supervisors R.J. "Bob" Beeler, District 1 Jane Dolan, District 2 Mary Anne Houx, District 3 Curt Josiassen, District 4 Kim Yamaguchi, District 5 Paul McIntosh, Chief Administrative Bruce Alpert, County Counsel Officer and Clerk of the Board BUTTE COUNTY BOARD OF SUPERVISORS 9:00 A.M. 1.00 CALL TO ORDER AGENDA-APRIL 22, 2003 1.01 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 1.02 Pledge of Allegiance to the Flag of the United States of America. 1.03 Invocation - Alberta Tracy, First Church of Christ Scientist, Oroville. 2.00 CORRECTIONS AND~OR CHANGES TO THE AGENDA 3.00 CONSENT AGENDA AGRICULTURE 3 . 01 * Letter Requesting Support for California' s Cooperative Wildlife Services Program - approval is requested for a letter to Congressman Herger requesting support for increased continuous appropriation to the USDA-APHIS Wildlife Services budget to support California's Cooperative Wildlife Services Program - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. ASSESSOR 3.02 * State of California, Department of Finance - approval is requested for an agreement with the State of California, Department of Finance for participation in the State-County Property Tax Administration Program for fiscal year 2002-2003. The yearly grant agreement will provide the County with $381,956 to enhance the County's Property Tax Administration System - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. AUDITOR- CONTROLLER 3.03 * Budgetary Impacts of Bargaining Unit Agreements - consideration of the appropriation transfer required to provide for salary adjustment payments and benefit costs resulting from implementation of the Memoranda of Understanding with the various bargaining units - action requested - APPROVE BUDGET TRANSFER B-392 (4/5 vote required) PROVIDING THE NECESSARY APPROPRIATION TRANSFER AND REVENUE ADJUSTMENTS NEEDED TO ADDRESS BARGAINING IMPLEMENTATION COSTS AS IDENTIFIED IN THE AGENDA REPORT, WITH A MAXIMUM TRANSFER FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES OF $1,210,986. PAGE 1 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 BEHAVIORAL HEALTH 3.04 * Aegis Institute, Inc. - Resolution Not to Contract - approval is requested for a resolution declaring the County's intent not to contract with Aegis Institute, Inc., for the provision of Drug Medi-Cal services. The department has been notified by Aegis Institute, Inc., of their certification by the State Department of Alcohol and Drug Programs to provide Drug Medi-Cal Services. Administrative cost and the significant flow of nondepartmental referred residents into this program have resulted in the department's decision to decline to enter into a contractual relationship with Aegis Institute, Inc. - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.05 * Echo Consulting Services of California, Inc. - Amendment - approval is requested for an amendment to the agreement with Echo Consulting Services of California, Inc., for the provision of software maintenance, support and enhancement to the department's Medi-Cal billing system. The amendment increases the maximum amount payable by $6,500 (department budget) for fiscal year 2002-2003. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11516) 3.06 * FamiliesFirst, Inc. - Amendment - approval is requested for an amendment to the agreement with FamiliesFirst, Inc., for the provision of specialized treatment services for seriously emotionally disturbed adolescents. The amendment revises the scope of services provided from "day treatment intensive" to "rehabilitative day treatment" and increases the maximum amount payable by $2,610 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13668) 3.07 * Select Janitorial Services - Amendment - approval is requested for an amendment to the agreement with Select Janitorial Services for the provision of janitorial services to county-leased facilities. The amendment extends the term of the agreement through June 30, 2004, eliminates services at 564 Rio Lindo Avenue, Suite 103, Chico, as of March 15, 2003, and decreases the maximum amount payable by $381.50 for fiscal year 2002-2003. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR. (Contract No. X11588) PAGE 2 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 3.08 * Skyway House - Amendment - approval is requested for an amendment to the agreement with Skyway House for the provision of day and residential drug and alcohol recovery services. The amendment increases the maximum amount payable by $15,508.80 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13629) 3.09 * State of California, Department of Alcohol and Drug Programs - Safe and Drug Free Schools Grant Award - approval is requested to accept and appropriate funds received from the State of California, Department of Alcohol and Drug Programs, to create and support a Butte Youth Now Collaborative Program. The term of the grant is January 1, 2003, through December 31, 2005, and provides the County with $200,000 per year for the program. The department is requesting the Board accept and appropriate $22,276.00 in the current fiscal year, with the remaining award for 2003 to be appropriated in the fiscal year 2003-2004 budget - action requested - APPROVE BUDGET TRANSFER B-391 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA REPORT. 3.10 * Supportive Housing Initiative Grant Funds - approval is requested to accept and appropriate $14,900 in fiscal year 2001-2002 unexpended Supportive Housing Initiative Grant carryover funds. The State Department of Mental Health has notified the department that they have until June 30, 2004, to expend the funds - action requested - APPROVE BUDGET TRANSFER B-393 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE AS DETAILED IN THE AGENDA REPORT. 3.11 * Tulare County Office of Education - Memorandum of Understanding - approval is requested for a Memorandum of Understanding with the Tulare County Office of Education to develop and implement a Friday Night Live Youth in Action Project. The term of the agreement is October 2, 2002, through May 15, 2003, with a maximum amount payable to the County of $1,500. Board approval is also requested to accept and appropriate the unanticipated revenue - 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-387 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. PAGE 3 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS Rl1T DT l1L~ AGENDA-APRIL 22, 2003 3.12 * Information Systems Strategic Plan - approval is requested for an Information Systems Strategic Plan for the technologies within the Behavioral Health Department. The plan delineates goals related to supporting service delivery, business operations and the technological infrastructure outlined in the departmental master plan - action requested - ACCEPT PLAN. 3.13 * Substance Abuse and Crime Prevention Act of 2000 County Plan - approval is requested for the Butte County Fiscal Year 2003-2004 Substance Abuse and Crime Prevention Act of 2000 Plan - action requested - ADOPT RESOLUTION APPROVING PLAN AND AUTHORIZE THE CHAIR TO SIGN. SUPERVISORS 3.14 * Resolution Recognizing the 20th Anniversary of the Hispanic Resource Council in April 2003 - Supervisor Dolan requests the Board adopt a resolution recognizing and congratulating the Hispanic Resource Council on the occasion of its 20th anniversary - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. CHIEF ADMINISTRATIVE OFFICE PAGE 4 APRIL 22, 2003 3.15 * Resolution in Recognition of Manuel A. Esteban Upon His Retirement as President of California State University, Chico - Supervisor Josiassen requests the Board adopt a resolution recognizing and commending Dr. Manuel A. Esteban upon his retirement from California State University, Chico - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.16 Long Term Care Council and County Commission on Aging - Supervisor Houx submits the District 3 representative for the County Commission on Aging and appointee to the Long Term Care Council - action requested - APPOINT VERA MAE ROBINSON, DISTRICT 3 REPRESENTATIVE, TO THE COUNTY COMMISSION ON AGING TO A TERM TO END JANUARY 8, 2007, AND MEMBER, LONG TERM CARE COUNCIL. 3.17 * Lake Oroville Joint Powers Authority - Contribution for Grant Participation - the Lake Oroville Joint Powers Authority (JPA) is seeking contributions to match a contribution from the Department of Water Resources to fund applications for grants through Propositions 40 and 50. The Department of Water Resources is contributing $15,000 toward a contract with the Dangermond Group and the JPA is seeking equal shares from the stakeholders within the JPA. Butte County's share would be $3, 000 - action requested - AUTHORIZE AN EQUAL SHARE CONTRIBUTION FROM BUTTE COUNTY TO THE LAKE OROVILLE JOINT POWERS AUTHORITY IN THE AMOUNT OF $3,000; AND APPROVE BUDGET TRANSFER B-390 (4/5 vote required) FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES FOR THE CONTRIBUTION. BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 3.18 * California Transportation Commission - approval is requested for a letter to the California Transportation Commission expressing concerns regarding the continued funding for the Highway 149 project. Recent decisions made by the California Transportation Commission may negatively affect funding for the project. Copies of the letter will also be sent to the Butte County Association of Governments, the Governor's Office and our state and federal legislative delegation - action requested - APPROVE LETTER AND AUTHORIZE CHAIR TO SIGN. CLERK OF THE BOARD 3.19 * Approval of Minutes - action requested - APPROVE MINUTES OF MARCH 11, 2003; MARCH 25, 2003; AND MARCH 26, 2003. 3.20 * Gridley-Biggs Cemetery District - action requested - REAPPOINT LOWELL P. KING, TRUSTEE, TO A TERM TO END MAY 1, 2007. 3.21 Butte County Children and Families Commission - the Commission submits recommendations for commission vacancies - action requested - REAPPOINT SUPERVISOR DOLAN, BOARD OF SUPERVISORS' MEMBER; DR. MARK LUNDBERG, COUNTY HEALTH OFFICER; SANDRA MACHIDA, EDUCATOR-EARLY CHILDHOOD DEVELOPMENT; AND GENE SMITH, COMMUNITY-BASED ORGANIZATION REPRESENTATIVE, ALL TO TERMS TO END APRIL 1, 2005. DEVELOPMENT SERVICES 3.22 * Zoning District Maps and Amendments to the Text of the Zoning Ordinance - pursuant to Butte County Code Sections 24-25.30 and 24-25.40(a) and (b), the Development Services Department submits the Planning Commission Action Report regarding amendments to the Zoning Ordinance to incorporate 31 new Zoning District Maps - action requested - ACCEPT REPORT; AND SET PUBLIC HEARING FOR CONSIDERATION OF THIS MATTER FOR MAY 13, 2003, AT 11:30 A.M. AND DIRECT NOTICE BE GIVEN PURSUANT TO BUTTE COUNTY CODE. EMPLOYMENT AND SOCIAL SERVICES 3.23 * CompuTrust Software Corporation - approval is requested for an agreement with CompuTrust Software Corporation for the software, installation and training of the Universe Program. The software will be used as a case management and tracking system for the Public Guardian staff. The term of the agreement is March 13, 2003, through June 30, 2004, with a maximum amount payable of $52,111 (department budget). Board approval is also requested for a budget transfer of department funds between line items to provide the appropriation for the purchase - action requested - APPROVE BUDGET TRANSFER B-395; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14111) PAGE 5 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 3.24 * Butte County Child Abuse Prevention Council - Amendment - approval is requested for an amendment to the agreement with the Butte County Child Abuse Prevention Council for the provision of services to families and professionals dealing with children at risk of child abuse and neglect. The amendment authorizes the contractor, with department approval, to adjust line items within the agreement to meet the needs of the program. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13674) 3.25 * Enloe Medical Center - Amendment - approval is requested for an amendment to the agreement with Enloe Medical Center for the provision of training services for the Options for Recovery Program. The amendment increases the maximum amount payable by $1,000 (department budget) and revises the rate and method of payment exhibit to reflect the increase. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13899) 3.26 * Butte County Employment and Social Services/Butte County Department of Behavioral Health - Memorandum of Understanding - approval is requested for a Memorandum of Understanding with the Butte County Department of Behavioral Health for the provision of Promoting Safe and Stable Families Services. The term of the agreement is October 1, 2002, through September 30, 2005, with a maximum amount payable of $90,000 ($22,500 for fiscal year 2002-2203 [department budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14076) 3.27 * Paul Wuehler and Associates - Amendment - approval is requested for a prior year amendment with Paul Wuehler and Associates for the provision of individual, family and group counseling services and anger management services. The amendment extends the term of the agreement from February 28, 2002, to June 30, 2002, and increases the maximum amount payable by $225 (department budget). Additional services were authorized late in the fiscal year but claims were not received prior to the end of the fiscal year. Late approval of the agreement by the Board is now required. The department certifies that services were rendered by the vendor in accordance with the terms of the agreement - action requested - APPROVE PRIOR YEAR AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE AUDITOR-CONTROLLER TO PAY FOR SERVICES RENDERED IN FULL. PAGE 6 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 3.28 * Youth For Change - Amendment - approval is requested for an amendment to the agreement with Youth For Change for the provision of adoption promotion and support services. The amendment increases the maximum amount payable by $28,656 (department budget) over the four- year term in response to a revised allocation notice received by the State. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13830) GENERAL SERVICES 3.29 * Surplus Vehicles and Equipment - Board approval is requested to declare surplus 37 vehicles and 15 fixed asset items no longer in use by County departments and authorize disposition of the items by the Purchasing Agent - action requested - DECLARE 37 VEHICLES AND 15 FIXED ASSET ITEMS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSITION IN ACCORDANCE WITH COUNTY POLICY. 3.30 * Superior Court of California, County of Butte - Expansion Project - approval is requested to accept and appropriate $214,616 received from the Superior Court of California, County of Butte, to provide an appropriation for payment of architectural services rendered by DLR Group Vitiello for the construction of the courthouse expansion - action requested - APPROVE BUDGET TRANSFER B-385 (4/5 vote required). 3.31 * Resolution in Recognition of Don Rinker upon Retirement from the County of Butte - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.32 * Resolution Adopting a Form for Filing a Claim for Damages Against the County of Butte - approval is requested for a resolution adopting the County's form to be used when presenting a claim against the County, pursuant to the requirements of the California Government Tort Claims Act - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 7 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 HUMAN RESOURCES 3.33 * Resolution to Amend the Salary Ordinance - the department has prepared a resolution to amend the salary ordinance as follows: COUNTY COUNSEL - deletes one flexibly staffed position of Deputy County Counsel III/II/I and adds one flexibly staffed position of Deputy County Counsel IV/III/II/I. PUBLIC WORKS- GENERAL ADMINISTRATION - converts one half-time flexibly staffed position of Secretary I/Office Assistant III/II/I to one full-time position. BEHAVIORAL HEALTH-SUBSTANCE ABUSE SERVICES - adds one flexibly staffed sunset position of Health Education Specialist III/II (position ends 12-31-05). CHILD SUPPORT SERVICES - deletes two flexibly staffed positions of Auditor-Accountant II/I and adds two positions of Supervising Family Support Case Manager - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. INFORMATION SYSTEMS 3.34 * State of California, Department of General Services - Telecommunication Division - approval is requested by the Communications Division for a revenue agreement with the State of California, Department of General Services-Telecommunication Division, for funds to upgrade the planned replacement radio tower structure at the Platte Mountain site from a 100-foot tower to a 140-foot tower, and site improvements. The term of the agreement is March 18, 2003, through project completion and provides up to $175,000 to the County for the upgrade and improvements - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40537) LIBRARY 3.35 * Library Literacy Program Donation - pursuant to Government Code Section 25355, approval is requested to accept and appropriate $1,000 received from Wal-Mart for the Library Literacy Program. The funds will be utilized to purchase literacy program books and resources - action requested - APPROVE BUDGET TRANSFER B-386 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DESCRIBED IN THE AGENDA REPORT . PROBATION 3.36 * Juvenile Justice Crime Prevention Act - approval is requested for a resolution required by the California State Board of Corrections for funding under the Schiff-Cardenas Crime Prevention Act of 2000. The County will receive $687,339 for fiscal year 2003-2004. The Juvenile Justice Coordinating Council has determined the funds will be utilized to continue agreements with the community-based organizations that have been providing services under the program for the past two years - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 8 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 PUBLIC HEALTH 3.37 * California State Association of Counties - Amendment - approval is requested for an amendment to the agreement with the California State Association of Counties for the provision of communication systems, facilities and support services to the Medi-Cal Administration Activities and Targeted Case Management Consortium of Counties. The Public Health Department acts as Host Entity for the consortium. The amendment provides for the development and hosting of a consortium web site and increases the maximum amount payable by $6,500. Funding for the agreement is distributed to all counties in the consortium. 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. X13123) 3.38 * California Department of Health Services - Women, Infants and Children Program Agreement - on January 14, 2003, the Board approved a revenue agreement with the California Department of Health Services for funds to provide the Woman, Infants and Children program. Subsequent to that approval, the department was notified that the Contract Certification Clauses form was not included but is required as part of the contract with the State. The document certifies the County's compliance with various State requirements such as drug-free workplace, conflict of interest, and Americans with Disabilities Act. County Counsel has reviewed and approved the document - action requested - APPROVE CONTRACT CERTIFICATION CLAUSES FORM AND AUTHORIZE THE CHAIR TO SIGN. PUBLIC woxxs 3.39 * Fixed Asset Increase and Funds Transfer - approval is requested to transfer $10,821 of department funds between line items to provide the appropriation needed to fund the purchase and installation of an above ground diesel fuel tank. The fixed asset purchase was initially approved in fiscal year 2001-2002 for $75,000. Subsequent to the issuance of the purchase order for the system, it was determined that a key lock fuel dispensing system would be required (at a cost of $4,983) and communication cable would need to be installed (at a cost of $4,822). The final cost of the system and installation was $76,105.18, requiring an additional $1,015.18 - action requested - APPROVE BUDGET TRANSFER B-370; AND APPROVE FIXED ASSET INCREASE OF $10,821 FOR DIESEL FUEL TANK AND DISPENSING SYSTEM. PAGE 9 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 3.40 * SCS Engineers, Inc. - Amendment - approval is requested for an amendment to the agreement with SCS Engineers, Inc., for the preparation of a partial final closure and post closure maintenance plan, and construction documents for Neal Road Landfill Modules 1, 2, and 3. The amendment provides for changes to the waste discharge requirements closure sequencing and closure cover design to reduce loss of airspace and facilitate construction, and increases the maximum amount payable by $23,370 (Neal Road Landfill Management Fund). 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. X13826) 3.41 * Construction of Module 4, Phase A, Neal Road Sanitary Landfill - County Project No. 757-5799-1 - the project consists of the construction of Module 4, Phase A liner system and related components. On April 4, 2003, bids were opened with the lowest bidder being BostonPacific, Inc., of Granite Bay, California, in the amount of $1,986,785.60 (Neal Road Landfill Management Fund) - action requested - AWARD BID TO BOSTONPACIFIC, INC., IN THE AMOUNT OF $1,986,785.60; AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.42 * Rehabilitation of Skyway from Chico City Limits to 6.25 +/- Miles East - County Project No. 51261-1/2- 2000-1 - the project consists of rehabilitation of the major sections of the existing four-lane roadway by upgrading the structural section and asphalt concrete surfacing with an asphalt concrete overlay, constructing widening paved shoulders and new traffic turnouts, replacing storm drainage facilities, installing metal beam guardrails and asphalt concrete dikes and placing new thermoplastic pavement delineation, reflective markers and signs. The project will also include improvements limiting ingress and egress to Lookout Point to a single point of access. The project is eligible for 1000 reimbursement through federalized State Transportation Improvement Program funding - action requested - APPROVE PROJECT PLANS AND SPECIFICATIONS; ADOPT A WAGE SCALE; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS. PAGE to APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 3.43 * Request for Approval to Advertise for Bids - Closure of Landfill Modules at the Neal Road Sanitary Landfill - approval is requested to seek bids for the construction of a closure cover and installation of a landfill gas collection and control system on portions of Modules 1, 2, and 3 at the Neal Road Sanitary Landfill. The work will consist of placing and grading a soil cover, installing a low-permeability cover, a vegetative soil cover and the installation of gas wells, piping and a landfill gas flare station - action requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO RELEASE AN INVITATION FOR BID FOR THE CONSTRUCTION OF A CLOSURE COVER AND INSTALLATION OF A LANDFILL GAS COLLECTION SYSTEM. 3.44 * Butte County Transit/California State University, Chico - Amendment - approval is requested for an amendment to the revenue agreement between Butte County Transit and California State University, Chico, for the university's provision of no fare bus service for faculty, students and staff. The amendment extends the term of the agreement through December 31, 2003, and sets the maximum amount to be reimbursed to the County for the term of the agreement at $18,000. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40046) SHERIFF'S OFFICE 3.45 * Printrak International Incorporated - approval is requested for a sole source maintenance and support agreement with Printrak International Incorporated for the Offendertrak software and equipment utilized by the Incarceration Division to track inmates using identification cards and video capture stations. The term of the agreement is one year and will renew automatically in one year increments until terminated by either party. The annual cost of the contract is $29,537 (department budget) - action requested - APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14032) 3.46 * State of California, Department of Justice - approval is requested to apply to the State of California, Department of Justice, Office of Justice Programs, for a Bullet Proof Vest Reimbursement Grant. Under the grant program the State will reimburse eligible law enforcement agencies 500 of the costs of bullet proof vests. The grant will require a primary point of contact and Board approval is also requested to designate the Sheriff or his designee as primary point of contact for the grant - action requested - APPROVE SUBMISSION OF GRANT APPLICATION; AND DESIGNATE SHERIFF OR HIS DESIGNEE AS PRIMARY POINT OF CONTACT FOR THE GRANT. PAGE ll APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 3.47 * Sale of Surplus Aircraft - on November 22, 2002, the Board authorized the sale of one Hughes OH6 Helicopter. An invitation for bids was issued to prospective buyers. Board approval is requested to authorize the sale of the helicopter to the highest bidder in the amount of $158,000 - action requested - AUTHORIZE THE SALE OF HUGHES OH6 HELICOPTER TO HIGHEST BIDDER AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO SIGN BILL OF SALE. 3.48 * Evercom Systems, Inc. and Public Communications Services, Inc. - approval is requested for two agreements which provide for inmate telephone services in the Butte County Jail. The telephones are installed and maintained by Evercom Systems, Inc. (Evercom). Under the terms of the agreement with Evercom, the Butte County Jail Inmate Welfare Fund will receive 460 of all gross revenue proceeds and a one-time signing bonus. Public Communications Services, Inc. (PCS), oversees the Evercom contract on behalf of the Sheriff's Office and insures proper and timely payment of telephone revenues from Evercom. PCS charges 30 of the gross billable monthly revenues for its services. A Request For Proposal was issued for the telephone services with Evercom selected as the best respondent. Sole source approval is requested for the agreement with PCS. PCS is the only management company in California for inmate telephone service. The term of both agreements is five years - action requested - APPROVE AGREEMENT WITH EVERCOM SYSTEMS, INC., AND SOLE SOURCE AGREEMENT WITH PUBLIC COMMUNICATIONS SERVICES, INC., AND AUTHORIZE THE CHAIR TO SIGN. (Contract Nos. R40518 and R40516) 3.49 * Resolution Proclaiming May 15, 2003, as Peace Officers' Memorial Day and the Week of May 12-16, 2003, as Police Week - in 1962 President John F. Kennedy signed a proclamation to pay tribute to law enforcement officers who have made the ultimate sacrifice in the line of duty by designating May 15th of each year as Peace Officers' Memorial Day. Approval is requested for a resolution proclaiming May 15, 2003, as Peace Officers' Memorial Day in Butte County and the week of May 12-16, 2003, as Police Week. The resolution honors and remembers Deputy Randy Jennings, Deputy Bill Hunter and Lieutenant Larry Estates, Butte County officers who have fallen in the line of duty. Pursuant to Public Law 103-322, approval is also requested to direct all County flags be flown at half-staff on May 15, 2003 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT ALL COUNTY FLAGS BE FLOWN AT HALF-STAFF ON MAY 15, 2003. PAGE 12 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 TREASURER- TAx COLLECTOR 3.50 * Resolution Authorizing the Combined Refunding of the Butte County 1993 Justice Facility Certificates of Participation and Fire Truck Lease - pursuant to Board direction, the Treasurer has completed the necessary steps to finalize the refinancing of the exiting 1993 Justice Facility Project (courthouse) Certificates of Participation. The refinancing will result in a net savings to the County in excess of $150,000. The Treasurer has also explored the possibility of refinancing other County debt and has determined the fire truck lease purchase agreement can be included in the refunding - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE TREASURER-TAX COLLECTOR TO FINALIZE THE SALE OF THE SECURITIES. 3.51 * Monthly Investment Report - submitted is the Monthly Investment Report for January 31, 2003, in accordance with the Butte County Statement of Investment Policy dated July 1, 2002 - action requested - ACCEPT FOR INFORMATION. 3.52 * Introduction of an Ordinance Amending Butte County Code Section 2-166 Delegating Investment Authority to the Butte County Treasurer-Tax Collector - consideration of an ordinance which would delegate investment authority to the Treasurer-Tax Collector for fiscal year 2003- 2004 pursuant to Government Code Section 53607 - action requested - WAIVE READING OF THE ORDINANCE. WATER AND RESOURCE CONSERVATION 3.53 * State of California, Department of Water Resources - Amendment - approval is requested for an amendment to the revenue agreement with the State of California, Department of Water Resources, for funds to support the Butte County Integrated Watershed and Resource Conservation Program. The amendment increases the maximum amount payable to the County by $25,000, revises the scope of work, and revises the budgeted task items. 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. OTHER DEPARTMENTS AND AGENCIES 3.54 * Resolution Honoring Elder and Dependent Adult Abuse Awareness Month - approval is requested by the Butte County Elder Services Coordinating Council for a resolution proclaiming May as Elder Abuse Awareness Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. PAGE 13 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 3.55 * Resolution Proclaiming May as Older Americans Month - the Butte County Advisory Council PSA-3, Area Agency on Aging has requested the Board adopt a resolution in support and recognition of May as Older Americans Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 4.00 REGULAR AGENDA APPOINTMENTS 4 . 01 Appointments to Boards, COmm1SS10T1S and Committees . * 1. Appointments to Listed Vacancies. * 2. Kimshew Cemetery District - Supervisor Yamaguchi submits a trustee recommendation - action requested - APPOINT SEAN MICHAELS, TRUSTEE, TO A VACATED TERM TO END JULY 1, 2004. * 3. Tobacco Monies Advisory Commission - submitted are agency recommendations for appointment to the Tobacco Monies Advisory Commission: Shelly Brantley, American Lung Association; Marian Gage, American Cancer Society; and Gerald Rogan, M.D., Butte-Glenn Medical Society - action requested - APPOINT OR REJECT NOMINEES FOR MEMBERSHIP ON THE TOBACCO MONIES ADVISORY COMMISSION. BUDGET AND LEGISLATIVE UPDATE 4.02 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. PRESENTATION AND DISCUSSION ITEMS 4.03 * Annual Report for Adult and Children's Services - 2002 - update on programs and services - action requested - ACCEPT FOR INFORMATION. (EMPLOYMENT AND SOCIAL SERVICES) PAGE 14 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 4.04 A Matter on Which a Public Hearing Has Been Held - Adoption of an Ordinance - an Ordinance Amending Flood Hazard Prevention and Special Permit Zone II Levee and Building Regulations in Chapter 26 of the Butte County Code Regarding Conversion or Restoration of Land for Conservation Purposes - the proposed ordinance is intended to regulate specified activities for the purpose of protecting people and property from flood hazards and protecting man-made conditions on farmland within the unincorporated area of Butte County which is adjacent to land upon which a conversion to natural habitat is proposed - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-8- 03 [5.06(1)]) (COUNTY COUNSEL) 4.05 A Matter on Which a Public Hearing Has Been Held - Adoption of an Ordinance - An Ordinance Amending Section 136 of Chapter 2 of the Butte County Code entitled "Administration"; Sections 10, 54, 161, 161.1, 161.2, 162, 167, 173, and 190 of Chapter 20 of the Butte County Code entitled "Subdivisions"; and Sections 41, 52, and 210 of Chapter 24 of the Butte County Code entitled "Zoning" - consideration of an ordinance that would amend the Code to eliminate references to the Development Review Committee and Planning Manager. The proposed changes would allow the Planning Commission to hear all land use projects and streamline the overall planning process - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 4-8-03 [5.04]) (DEVELOPMENT SERVICES) 4.06 * Fee Wavier for Additional Monitoring Well for the Butte County Monitoring Well Grid Expansion - consideration of a waiver of the well permit fees required by Chapter 23B of the Butte County Code for two new nonproducing monitoring wells equipped with extensometers - action requested - WAIVE ASSOCIATED WELL PERMIT FEES FOR TWO NEW MONITORING WELLS. (WATER AND RESOURCE CONSERVATION) PAGE 15 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 4.07 * Proposed Road Closure - Kennedy Avenue Between West East Avenue and Highway 32 - consideration of a request by the property owners along Kennedy Avenue, between West East Avenue and Highway 32, to close Kennedy Avenue to through traffic at Highway 32 - action requested - APPROVE THE CONCEPT OF CLOSING OFF KENNEDY AVENUE BETWEEN WEST EAST AVENUE AND HIGHWAY 32 TO THROUGH TRAFFIC; AND DIRECT STAFF TO WORK WITH THE CHAPMAN FAMILY TRUST AND NEGOTIATE A DEVELOPMENT AGREEMENT THAT WOULD PROVIDE FOR ORDERLY DEVELOPMENT OF THE AREA AND RETURN THE MATTER TO THE BOARD FOR FURTHER ACTION. (PUBLIC WORKS) 4.08 * Addus Healthcare, Inc. - Agreement - consideration of a two year agreement with Addus Healthcare, Inc., for the provision of In-Home Supportive Services. The agreement proposes 192,000 annual service hours at an hourly rate of $13.016 (annual maximum amount payable not to exceed $2,449,172) - action requested - AWARD AGREEMENT TO ADDUS HEALTHCARE, INC., AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14107) (EMPLOYMENT AND SOCIAL SERVICES) 4.09 Items Removed from the Consent Agenda for Board Consideration and Action. 4.10 Recess as the Butte County Board of Supervisors and Convene as the Butte County In-Home Supportive Services Public Authority Board. PAGE 16 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AGENDA -APRIL 22, 2003 1.00 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 2.00 Acfenda Items 2.01 * California Public Employees' Retirement System - consideration of a contract with the California Public Employees' Retirement System (CalPERS) for the provision of retirement benefits for the five employees hired to conduct the business of the Public Authority. On March 11, 2003, the Board adopted Resolution No. 2003-01, a resolution of intention to approve the contract - action requested - ADOPT RESOLUTION 2003-02 APPROVING CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. 2.02 * Cost of Living Allowance - labor negotiations for all County employees resulted in a 21~zo cost of living allowance increase. It is the intent of the Public Authority to provide similar benefits to the five Public Authority employees - action requested - ADOPT RESOLUTION 2003-03 APPROVING A COST OF LIVING ALLOWANCE INCREASE AND AUTHORIZE THE CHAIR TO SIGN. 2.03 * Employment Agreement - Amendment - consideration of an amendment to the employment agreement with Brian Frink, Program Manager-In-Home Supportive Services. The amendment provides for a 21~zo cost of living allowance increase - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 2.04 * Statement of Facts, Roster of Public Agencies Filings - on May 7, 2002, the Authority was required to elect officers. The Board voted that the Chair of the Board of Supervisors be the President of the In-Home Supportive Services Public Authority and the Vice-Chair of the Board of Supervisors be the Clerk of the In-Home Supportive Services Public Authority. It has come to the attention of staff that a new form must be completed each year with this change. Approval is requested to complete the form with the 2003 officers - action requested - APPROVE THE FILING OF THE STATEMENT OF FACTS ROSTER OF PUBLIC AGENCIES FILING FORM WITH OFFICERS FOR 2003. 3.00 Public Comment Adjournment Adjourn as the Butte County In-Home Supportive Services Public Authority and Reconvene as the Butte County Board of Supervisors. PAGE 17 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS - CONTINUED AGENDA rJ . OO PUBLIC HEARINGS AND TIMED ITEMS 10:00 A.M. 5.01 * Continued Public Hearing - Abandonment of a Portion of Crown Point Road - the County has received a request to abandon the northerly portion of Crown Point Road, northeast of State Highway 32, in the Forest Ranch area. On January 9, 2003, the Planning Commission recommended approval of the abandonment and on January 28, 2003, the Board adopted Resolution 03-020, giving notice of the hearing on the petition to abandon the public right-of-way - action requested - AT THE REQUEST OF THE APPLICANT, CONTINUE PUBLIC HEARING OPEN FOR AN ADDITIONAL 60 DAYS. (FROM 3-11-03 [5.01]) 10:30 A.M. 5.02 * Continued Public Hearing - Use Permit Appeal - Ed Becker - consideration of an appeal of the Planning Commission's denial of a Use Permit to remove development restrictions imposed by Use Permit 83-42 on the remaining property of a Homesite Segregation on property zoned A-10 (Agricultural - 10 acre parcels). The property is located on the south side of East Gridley Road, approximately 1,100 feet west of Larkin Road, in the Gridley area and identified as APN 024- 040-054 (CBS [UP 02-19]) - action requested - ACCEPT APPLICANT'S REQUEST TO WITHDRAW APPEAL. (FROM 2-11-03 [5.02] ) PAGE 18 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 10:45 A.M. 5.03 * Public Hearing - Oroville Bangor Highway Improvement Project - (County Project No. 10661-00-1) - Initial Study and Proposed Mitigated Negative Declaration Regarding Environmental Impacts - the purpose of the proposed project is to rehabilitate and improve the existing roadway to meet current safety standards, including realignment of four curves within the project boundaries. Other improvements include widening the paved shoulders and resurfacing the highway, installing metal beam guardrail, replacing existing storm drain culverts, replacing bridge rails at Rocky Honcut Creek Bridge, and completing horizontal and vertical realignments of sections of the highway to meet current design standards. The County has reviewed and considered the proposed project and the substantial supporting evidence provided in the Draft Initial Study/Mitigated Negative Declaration and has determined that, subject to the mitigation measures identified, the project will not have a significant effect on the environment. The County has prepared and proposes to adopt a Mitigated Negative Declaration for this project. The public review period for the Mitigated Negative Declaration ended on April 11, 2003 - action requested: 1. SUBJECT TO FINDINGS I(A-D) AS DETAILED IN THE STAFF REPORT ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS FOR THE OROVILLE BANGOR HIGHWAY IMPROVEMENT PROJECT AND AUTHORIZE THE CHAIR TO SIGN; 2. MAKE A FINDING, PURSUANT TO FISH AND GAME CODE SECTION 711.4 AND 14 CCR 753.5, AS DETERMINED AT THE HEARING; AND 3. ADOPT A MITIGATION MONITORING AND REPORTING PROGRAM AND DIRECT THE DEPARTMENT OF PUBLIC WORKS TO MAKE THE MITIGATION MONITORING AND REPORTING PROGRAM PART OF THE REQUIREMENTS FOR THE PROJECT. (FROM 4-8-03 [4.05]) PAGE 19 APRIL 22, 2003 BUTTE COUNTY BOARD OF SUPERVISORS AGENDA-APRIL 22, 2003 11:00 A.M. 5.04 Timed Item - Presentation to the Board - presentation on the Poe Hydroelectric Power Project by County Counsel and consultants Camp, Dresser and McKee, Inc. - action requested - ACCEPT FOR INFORMATION. F) . OO PUBLIC COMMENT 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. 7.00 CLOSED SESSION 7.01 Conference with legal counsel regarding actual litigation pursuant to Government Code Section 54956.9 (a) 1. Hauselt v. Butte County (Butte County Superior Court Case No. 122288); 2. Butte County Grievance No. 02-05-02. PAGE 20 APRIL 22, 2003 Information and Procedures Concerning the Agenda and Conduct of the Board of Supervisors Meetings Meeting Information: Meetings are generally held the second and fourth Tuesday of each month. Meetings start at 9:00 a.m. and are held in the Board of Supervisors Chambers, County Administration Building, 25 County Center Drive, Oroville. At the end of each year the Board adopts a meeting schedule for the upcoming year. Meeting dates can be changed as a result of holidays or other events so please check the meeting calendar to be certain. Copies of the adopted meeting calendar for the year are available in the County Administrative Office or at the Clerk of the Board website at www.buttecounty.net/cob. Agenda Information: The agenda for every meeting of the Board is posted in front of the County Administration Building at least 72 hours before each meeting, and is available by mail subscription, e-mail subscription, or at the Clerk of the Board website. A copy of the agenda and supporting materials 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) are available for your review at the County Administrative Office, the Chico, Oroville, and Paradise libraries (please do not remove items from these files), and at the Clerk of the Board website. Copies of supporting materials 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 signifies that material has been provided to the Board of Supervisors members to explain that item. Agenda Format and Meeting Order: The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. ConsentAgenda: these are items that are considered routine and are handled by one motion and vote of the Board. If you wish to discuss any item on the Consent Agenda you can either fill out a speaker card (located in the back of the board room) and give it to the Clerk of the Board (sitting to the right of the Board) or, when the Chair asks if there is anything anyone would like to remove from the ConsentAgenda, stand and approach the podium and request the item be removed. The removed items are discussed at the end of the Regular Agenda. 2. Regular Agenda: this is where presentations to the Board and items that require full discussion are heard. Items removed from the Consent Agenda are discussed under this section. 3. Public Hearing and Timed Items: this is where items that are required by law to be heard as a public hearing are set. This is the section where appeals before the Board are usually discussed. Hearings may start after the time listed, but will never start before the time listed. 4. Public Comment: this is the area of the agenda where members of the audience may address the Board on any matter not listed on the agenda. The Board, by law, cannot take action on any matter not listed on the agenda, but may respond to statements or questions and provide staff direction. 5. Closed Session: the Board is authorized, by law, to meet in a closed session in certain circumstances. This area ofthe agenda identifies those items that will be discussed during the closed session. Public Participation: It is the policy of the Board of Supervisors, and a requirement of the California Open Meetings Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. The Board has adopted policy and procedures to facilitate the meeting process and conduct. A complete listing of these policies and procedures can be found in the printed booklet agenda, obtained at the County Administrative Office, or viewed at the Clerk of the Board website. The Board of Supervisors is also committed to making its proceedings accessible to all citizens. Individuals with special needs should call the Clerk of the Board at 530-538-7631, Monday through Friday, 8:00 a.m. to 5:00 p.m. to request disability-related modifications/accommodations or to request materials in alternate formats. All requests for special accommodations and/or alternative format documents must be made 48 hours prior to the meeting. For further information contact the: Clerk of the Board of Supervisors County Administrative Office 25 County Center Drive, Oroville, CA 95965 530-538-7631 www.buttecounty.net/cob