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April 23, 2002
BOARD OF SUPERVISORS
R.J. "BOB" BEELER,1ST DISTRICT
JANE DOLAN, 2ND DISTRICT
MARY ANNE HOUX, 3RD DISTRICT
CURT JOSIASSEN, 4T" DISTRICT
KIM YAMAGUCHI, 5T" DISTRICT
Time Item No.
9:00 A.m. 1.00 Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
2.00 Pledge of Allegiance to the Flag of the United States of
America.
2.01 Invocation - Alberta Tracy, First Church of Christ Scientist,
Oroville.
3.00 Consent Agenda
Budget 3.01 * Budget Transfers - action requested - APPROVE BUDGET TRANSFERS
Transfers B-411 (APPROPRIATION FOR CONTINGENCIES/WATER AND RESOURCE
CONSERVATION); B-419 (DISTRICT ATTORNEY); B-420
(SHERIFF/INMATE WELFARE FUND); AND B-421 (DISTRICT ATTORNEY).
All budget transfers listed above, with the exception of
B-421, require a 4/5 vote.
Donations 3.02 * Library Donations - in accordance with Government Code Section
25355, donations of $3,033.19 from the Paradise Friends of the
Library and $500 from the Fraternal Order of Eagles-Aerie
# 2960 of Paradise have been received for the Butte County
Trust Fund for the purchase of books - action requested -
ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
3.03 * Library Public Service Staff Support Hours Donation - pursuant
to Government Code Section 25355, a donation of $2,671 has
been received from the Paradise Friends of the Library for the
Continuing Operation Trust Fund. The trust fund is used to
pay for extra-help staff support hours. Board approval is
requested to transfer the funds from the trust fund to the
Library budget - action requested - ACCEPT DONATION AND
AUTHORIZE A LETTER OF APPRECIATION; AND APPROVE BUDGET
TRANSFER B-410 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE.
Time Item No.
Land Use 3.04 * Resolution Consenting to Assignment of Rights and Duties Under
Development Agreement - Board approval is requested by County
Counsel for a resolution which will provide for the assignment
of the rights and duties specified in the Development
Agreement between the County and Robinson & Sons, recorded
October 22, 1996, to Granite Construction Company. Robinson &
Sons is selling its business to Granite Construction Company
and is requesting the County consent to the assignment of
rights and duties as specified in the Development Agreement -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
Fixed 3.05 * Notice of Substantial Completion - Southside Oroville
Assets and Community Center (IBF No. 110-O1) - Board approval is
Facilities requested by the General Services Director to accept the
contract work for the Southside Oroville Community Center as
substantially complete. Virtually all work on the project has
been completed in accordance with plans and specifications;
however, there are a few minor items that remain open, and
those items are expected to take several more weeks to
resolve. Approving a Substantial Notice of Completion will
allow for occupancy of a portion of the building, release a
portion of the loo withhold to permit the contractor to pay
subcontractors for their completed work, and permit
negotiations with the contractor of an amount that will be
held in retention until all work is completed - action
requested - ACCEPT CONTRACT WORK AS SUBSTANTIALLY COMPLETE;
AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF SUBSTANTIAL
COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF SUBSTANTIAL
COMPLETION.
3.06 * Food Steamer Purchase for Jail Kitchen - Board approval is
requested by the Sheriff's Office for the fixed asset purchase
of a food steamer for the jail kitchen in the amount of
$11,025 to replace equipment that is no longer cost effective
to repair. The Purchasing Department solicited bids for the
equipment, and Cooks of Illinois was the lowest responsible
bidder. Board approval is also requested for a budget
transfer of $11,025 from the Inmate welfare Fund to provide
funding for the purchase - action requested - APPROVE BUDGET
TRANSFER B-423 (4 /5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE; AND APPROVE FIXED ASSET PURCHASE OF A
FOOD STEAMER.
Audit and 3.07 * Monthly Investment Report - the Treasurer-Tax Collector
Finance submits the March 29, 2002, report in accordance with the
Butte County Statement of Investment Policy dated
July 1, 2001 - action requested - ACCEPT FOR INFORMATION.
Page 2 April 23, 2002
Time Item No.
3.08 * State Department of Health Services - Board approval is
requested by the Public Health Department to accept and
appropriate $39,700 in unanticipated revenue received from the
State Department of Health Services to be used for bio-
terrorism prevention and related public health activities.
The funding will be used to enhance information and
communications systems, support surveillance and epidemiology
efforts, and provide for specialized training. Board approval
is also requested to utilize approximately $6,000 of the funds
for the fixed asset purchase of a replacement microscope for
the Public Health Laboratory - action requested - APPROVE
BUDGET TRANSFER B-417 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE FIXED ASSET
PURCHASE OF A MICROSCOPE IN THE ESTIMATED AMOUNT OF $6,000.
3.09 * Substance Abuse and Mental Health Services Administration
Block Grant - on March 26, 2002, the Behavioral Health
Department requested the Board appropriate $80,478 of a
$94,983 allocation received from the Federal Substance Abuse
and Mental Health Services Administration (SAMSHA) Block Grant
program, with the notation that the remaining funds would be
allocated at a later date. The Behavioral Health Department
intends to use the funds to support the placement of
Behavioral Health staff in the new Juvenile Hall and provide
integrated services in support of the SAMSHA program. Board
approval is requested to accept the balance of the additional
allocation received ($14,505) and to transfer $52,124 from the
Realignment Trust Fund to support SAMSHA activities - ADOPT
RESOLUTION ACCEPTING SAMSHA ALLOCATION AND AUTHORIZE THE CHAIR
TO SIGN; AND APPROVE BUDGET TRANSFER B-416 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT.
Page 3 April 23, 2002
Time Item No.
Ordinances 3.10
and
Resolutions
Resolution Amending the Butte County Salary Ordinance - the
Department of Human Resources has prepared a resolution to
amend the Butte County Salary Ordinance as follows: PUBLIC
HEALTH-GENERAL SERVICES - 1) the department has requested the
following term positions funded through the Butte County
Children and Families Commission be converted from term
positions to regular help positions with sunset dates of
June 30, 2003: one position of Program Manager-Butte County
Children and Families Commission, one flexibly staffed
position of Administrative Analyst III/II/I, and one position
of Administrative Services Assistant. 2) requested is the
conversion of one term flexibly staffed position of Public
Health Nurse III/II/I to a regular help position with a sunset
date of March 31, 2003; and 3) requested is the deletion of
two positions of Nutrition Assistant III and seven flexibly
staffed positions of Nutrition Assistant II/I, and the
addition of nine flexibly staffed positions of Nutrition
Assistant III/II/I. Flexibly staffing the positions will
provide for employee advancement. PUBLIC HEALTH-ENVIRONMENTAL
HEALTH - deletes one half-time flexibly staffed position of
Office Assistant II/I, and adds one half-time flexibly staffed
position of Office Assistant III/II/I. Flexibly staffing the
position will provide for employee advancement and provide the
department greater flexibility in staffing choices. PUBLIC
HEALTH-RABIES CONTROL - deletes one flexibly staffed position
of Office Assistant II/I, and adds one flexibly staffed
position of Office Assistant III/II/I. Flexibly staffing the
position will provide for employee advancement and provide the
department greater flexibility in staffing choices.
BEHAVIORAL HEALTH-GENERAL SERVICES - adds two flexibly staffed
positions of Senior Mental Health Counselor/Mental Health
Counselor/Mental Health worker, and one half-time flexibly
staffed position of Medical Records Technician II/I, all with
sunset dates of June 30, 2004. Additionally the department is
requesting the addition of one flexibly staffed position of
Mental Health Clinician II/I. All positions are in support of
the new Juvenile Hall and will be funded with Substance Abuse
and Mental Health Services Administration funds - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Page 4 April 23, 2002
Time Item No.
3.11 * Resolution to Authorize the Creation of the Butte County
Library Advisory Board - pursuant to the recommendation of the
Library Long Range Planning Commission, Board approval is
requested by the Butte County Library for a resolution which
would create the Butte County Library Advisory Board. The
board will consist of ten members, and is created for the
purposes of: updating and maintaining a strategic plan for
the library; developing and maintaining a long range library
financial plan; providing an annual statement/report on the
state of the library; re-energizing the Butte County Libraries
Foundation and developing fund raising plans for the Board of
Supervisors' approval; overseeing the development of
relationships with community partners; advising the Board of
Supervisors on issues and trends impacting the library;
monitoring technology that will affect library operations and
providing guidance to the Board of Supervisors; and developing
and overseeing public relations campaigns in support of the
library - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN; AND DIRECT LIBRARY STAFF TO SOLICIT LETTER
OF INTEREST FROM POTENTIAL APPOINTEES TO THE BOARD, REVIEW
LETTERS RECEIVED, AND FORWARD RECOMMENDATIONS TO THE BOARD OF
SUPERVISORS FOR APPOINTMENT.
3.12 * Resolution Regarding Juvenile Justice Crime Prevention Act
Modification - Board approval is requested by the Probation
Department for a resolution approving the application for a
modification to the County's Comprehensive Multi-agency
Juvenile Justice Plan as a result of a reduced allocation of
funds for fiscal year 2002-2003. The Juvenile Justice
Coordinating Council met and agreed to modify the plan by
adjusting the amounts received by each of the community based
organizations which provide services in support of the program
in accordance with the reduced funding - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.13 * Resolution Forming the Butte County Resource Conservation
District - Board approval is requested by the Department of
water and Resource Conservation for a resolution which would
form the Butte County Resource Conservation District in
response to the approval by the voters at the March 5, 2002,
Statewide Primary Election, and as required by the Local
Agency Formation Commission - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT A
CERTIFIED COPY BE FILED WITH THE LOCAL AGENCY FORMATION
COMMISSION'S EXECUTIVE OFFICER FOR FILING OF A CERTIFICATE OF
COMPLETION.
3.14 * Resolution Proclaiming May 2002 as Older Americans Month -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.15 * Resolution Proclaiming Dr. Glenn Kendall Day, May 4, 2002 -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
Page 5 April 23, 2002
Time Item No.
Agreements 3.16 * Fred Davis and Associates - Amendment - Board approval is
and requested by the Administrative Office for an amendment to the
Grants agreement with Fred Davis and Associates for the provision of
services by Fred Davis as the Interim Director-Development
Services. The amendment extends the term of the agreement
from February 1, 2002, through June 1, 2002, effective
April 9, 2002, with all other terms and provisions to remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.17 * Butte County Department of Employment and Social Services -
Memorandum of Understanding - Board approval is requested by
the Butte County Department of Behavioral Health (BCDBH) for
a Memorandum of Understanding (MOU) with the Butte County
Department of Employment and Social Services-Public Guardian
for the provision of investigation and administration services
of conservatorships for BCDBH clients. The term of the MOU is
July 1, 2001, through June 30, 2002, with a maximum amount
payable to the Department of Employment and Social Services of
$140,000 (department budget) - action requested - APPROVE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.18 * United States Department of Health Services-Substance Abuse
and Mental Health Services Administration - Grant
Application - Board approval is requested by the Butte County
Department of Behavioral Health to apply to the United States
Department of Health Services-Substance Abuse and Mental
Health Services Administration for funds under the Cooperative
Agreements for Comprehensive Community Mental Health Services
for Children and Their Families program (Child Mental Health
Initiative). The funds will be used for cooperative
agreements to develop systems of care that deliver
comprehensive community mental health services to children and
adolescents with serious emotional disturbances, and their
families. Approximately $13 million will be available for 13-
16 awards, and funds must be used to develop systems of care
in geographic areas that have not been targeted for Children' s
Mental Health Initiative awards in the past. The grant will
require a soft match, and will allow the use of existing staff
to meet the match requirement, no additional funds will be
needed - action requested - ADOPT RESOLUTION APPROVING GRANT
APPLICATION FOR THE CHILDREN'S MENTAL HEALTH INITIATIVE GRANT
AND AUTHORIZE THE CHAIR TO SIGN.
Page 6 April 23, 2002
Time Item No.
3.19 * Cherokee Restoration Fellowship - Amendment - Board approval
is requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Cherokee
Restoration Fellowship for the provision of residential
alcohol and drug treatment services for referred clients. The
amendment provides for the provision of services to clients of
the Butte County Drug Court program, and increases the daily
rate by $3.28 as of March 1, 2002, for a maximum amount
payable increase of $14,850 (department budget). All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X13133)
3.20 * Sutter Center for Psychiatry - Board approval is requested by
the Butte County Department of Behavioral Health for an
agreement with Sutter Center for Psychiatry for the provision
of inpatient hospitalization services to referred adolescents
11% to 18 years of age. The term of the agreement is
July 1, 2001, through June 30, 2002. Payment of services
under this agreement will be paid on an individual basis as a
client is referred to the facility. Claims for payment will
not be made to the County, but will be made to, and paid for
directly by the State. Funding for the agreement is
identified as Inpatient Consolidation Funds - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13459)
3.21 * Feather River Tribal Health, Inc. - Amendment - Board approval
is requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Feather River
Tribal Health, Inc., for the provision of specialty mental
health services to Medi-Cal recipients who meet the criteria
of medical necessity. The amendment provides for the
inclusion of medication support services, including
prescribing, administering, dispensing and monitoring of
psychiatric medications. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X11903)
3.22 * Butte County Probation Department - Memorandum of
Understanding - Amendment - Board approval is requested by the
Butte County Department of Behavioral Health for an amendment
to the Memorandum of Understanding with the Probation
Department for the provision of drug testing services in
support of the Drug Court program. The amendment decreases
the maximum amount payable by $18,186 for fiscal year 2001-
2002, with all other terms and provisions to remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X10941)
Page 7 April 23, 2002
Time Item No.
3.23 * Select Janitorial Services - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
(BCDBH) for an amendment to the agreement with Select
Janitorial Services for janitorial services for BCDBH offices.
The amendment adds the site at 5910 Clark Road, Suite T,
Paradise, increases the monthly charge for the site at 5910
Clark Road, Suite w, Paradise, as of March 1, 2002, increases
the maximum amount payable by $1,243.50 for fiscal year 2001-
2002, and increases the maximum amount payable by $4,092 for
fiscal year 2002-2003 (department budget). All other terms
and provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11588)
3.24 * Superior Court of California, County of Butte - Memorandum of
Understanding - Amendment - Board approval is requested by the
Butte County Department of Behavioral Health for an amendment
to the Memorandum of Understanding with the Superior Court of
California, County of Butte, for the provision of funds to
support the position of Drug Court Manager, funded by the Drug
Court Partnership Grant. The amendment reduces the maximum
amount payable for fiscal year 2001-2002 by $13,250, with all
other terms and provisions to remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X11418)
3.25 * Oroville Recovery Center - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with Oroville Recovery
Center for the provision of long-term residential recovery
services for female clients referred under the Substance Abuse
and Crime Prevention Act. The amendment provides for the
addition of services to Drug Court clients, and increases the
maximum amount payable by $14,850 (department budget). All
other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X13378)
3.26 * Right Road Recovery Programs, Inc. - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with Right
Road Recovery Programs, Inc., for the provision of outpatient
and residential treatment services to Drug Court clients. The
amendment increases the maximum amount payable by $32,888
(department budget) for fiscal year 2001-2002. All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X10930)
Page 8 April 23, 2002
Time Item No.
3.27 * Regents of the University of California-Davis - Amendment -
Board approval is requested by the Department of Employment
and Social Services for an amendment to the agreement with the
Regents of the University of California-Davis for the
provision of Eligibility Services training to County staff.
The amendment increases the training days by 2 days, and
increases the maximum amount payable by $5,800 (department
budget) with all other terms and provisions to remain the
same - action requested - APPROVE AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X13181)
3.28 * Northern California Youth and Family Programs - Amendment -
Board approval is requested by the Department of Employment
and Social Services for an amendment to the agreement with
Northern California Youth and Family Programs for the
provision of the Independent Living Program. The amendment
increases the maximum amount payable by $22,500, provides for
one additional part-time case manager in response to increased
participation in the program, and provides for additional
support items for the participants. Funding for the agreement
will be provided by the State's allocation for this program
for fiscal year 2001-2002. The allocation will also provide
$6,000 needed to fund additional contracts for this program -
action requested - APPROVE BUDGET TRANSFER B-415 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE;
AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11477)
3.29 * Home Health Care Management, Inc., d.b.a CHP Plus (HHCM) -
Board approval is requested by the Department of Employment
and Social Services for an agreement with Home Health Care
Management, Inc., d.b.a CHP Plus (HHCM) for the provision of
services in support of the Childcare Assistance Program. The
agreement provides for respite childcare services for children
ages 0-12 who reside with relative care givers in Butte
County. The term of the agreement is February 1, 2002,
through June 30, 2003, with a maximum amount payable of
$142,569. Funding for the agreement will be provided through
a combination of appropriations from Federal TANF welfare
Performance Incentives funds and department budget funds, and
Board approval is also requested for a budget transfer to
provide the needed funding - action requested - APPROVE BUDGET
TRANSFER B-424 (4 /5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X13446)
Page 9 April 23, 2002
Time Item No.
3.30 * Youth For Change - Board approval is requested by the
Department of Employment and Social Services for a renewal
agreement with Youth For Change for the provision of the
AmeriCorps Family Support Program. The agreement provides for
intensive family support case management services to CalwORKs
participants residing in the Paradise area. The term of the
agreement is January 1, 2002, through June 30, 2003, with a
maximum amount payable of $30,000. Funding for the agreement
will be provided through a combination of appropriations from
Federal TANF welfare Performance Incentives funds and
department budget funds, and Board approval is also requested
for a budget transfer to provide the needed funding - action
requested - APPROVE BUDGET TRANSFER B-425 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X13471)
3.31 * Federal Office of Justice Programs - Board approval is
requested by the Department of Employment and Social Services
to apply to the Federal Office of Justice Programs for the
Safe Havens: Supervised Visitation and Safe Exchange Planning
Grant. The grant will provide $120,000 over a two year period
to assist in the planning and development of a supervised
visitation center which would provide a safe and secure
environment for supervised visitation and safe exchanges of
children. The target population includes victims of child
abuse, sexual abuse, domestic violence and stalking. There is
no County match required for the grant - action requested -
APPROVE SUBMISSION OF GRANT APPLICATION
3.32 * California Department of Forestry and Fire Protection -
Cooperative Forestry Assistance Act of 1978 Volunteer Fire
Assistance Program - Board approval is requested by the Fire
Department for a grant application to the California
Department of Forestry and Fire Protection for funds under the
Cooperative Forestry Assistance Act of 1978, Volunteer Fire
Assistance Program. The grant funds would be utilized to
purchase pagers for the County's volunteer firefighters. The
grant amount is $31,556.12 with a required County match of
$15,778.06 (department proposed budget for fiscal year 2002-
2003) - action requested - APPROVE GRANT APPLICATION AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40424)
Page 10 April 23, 2002
Time Item No.
3.33 * California Family Health Council, Inc. - Board approval is
requested by the Public Health Department for a grant
agreement with California Family Health Council, Inc., for the
provision of funds to implement a Peer Provider Program at the
clinic located on Table Mountain Boulevard, Oroville. The
Peer Provider program will provide family planning and
reproductive health services to teens by teens. The term of
the agreement is January 1, 2002, through December 31, 2002,
with a maximum amount payable to the County of $75,000. Board
approval is also requested to appropriate $21,629 in this
fiscal year - action requested - APPROVE BUDGET TRANSFER B-418
(4 /5 vote required) ACCEPTING AND APPROPRIATING $21,629 IN
UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND
APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. R40438)
3.34 * Physical and Occupational Therapists - Amendments - Board
approval is requested by the Public Health Department for
amendments to the agreements with several physical and
occupational therapists for the provision of services in
support of the California Children's Services program. The
program is mandated by Health and Safety Code 252 and is
funded with Realignment funds (250), State funds (500) and
County matching funds (250). The amendments increase the
maximum amounts payable for each of the listed contractors to
provide for the increased hours of services needed under this
program: Monica Swartz - increases the maximum amount payable
by $6,400; Teresa wood Hansen - increases the maximum amount
payable by $4, 600; Alice McCall - increases the maximum amount
payable by $3,000; and Diane willow Dejesus - increases the
maximum amount payable by $5,170. All amendment increases are
included in the department's current year budget. All other
terms and provisions of the agreements remain the same -
action requested - APPROVE AGREEMENT AMENDMENTS (4) AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract Nos. X12099,
X13000, X12097, and X12096)
3.35 * Home Health Care Management, Inc. d.b.a. CHP Plus -
Amendment - Board approval is requested by the Public Health
Department for an amendment to the agreement with Home Health
Care Management, Inc., doing business as CHP Plus, for the
provision of services in support of the HIV/AIDS Early
Intervention Program and the HIV Transmission Prevention
Program. The amendment increases the maximum amount payable
under the HIV Transmission Prevention Program portion of the
agreement by $3,200 (department budget/State funds) with all
other terms and provisions to remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X13231)
Page 11 April 23, 2002
Time Item No.
3.36 * California Department of Health Services - AIDS Master Grant
Agreement - Amendment - Board approval is requested by the
Public Health Department for an amendment to the AIDS Master
Grant Agreement with the California Department of Health
Services. The amendment decreases the budget and services in
the Scope of work for the Education and Prevention Program
Memorandum of Understanding by loo for each budget year as a
result of State budget changes. The new maximum amount
payable for the period of July 1, 2001, through June 30, 2004,
under the AIDS Education and Prevention Program Memorandum of
Understanding will be $284,295, a decrease of $31,587, or
$10,529 per fiscal year. All other terms and provisions
remain the same - action requested - APPROVE AMENDMENT TO
MASTER GRANT AGREEMENT 01-15068 AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND AUTHORIZE THE DIRECTOR OF PUBLIC HEALTH TO
SIGN AMENDMENT NO. 1 TO THE AIDS EDUCATION AND PREVENTION
PROGRAM MEMORANDUM OF UNDERSTANDING SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Contract No. R40331)
3.37 * Ecology Action - Amendment - Board approval is requested by
the Public works Department for an amendment to the agreement
with Ecology Action for the development and implementation of
an oil recycling program in support of the Used Oil
Opportunity Grant of 2000. The amendment increases the
maximum amount payable by $319,218.47 for the provision of
additional services required to complete the seven components
of the grant. Initially the Environmental Services Joint
Powers Agency was hired to assist in completion of the grant
tasks, but has since cancelled their contract due to a lack of
staff. The amendment provides for the remaining tasks which
were to be completed by the Environmental Services Joint
Powers Agency to be completed by Ecology Action. Funding for
the agreement amendment is available through the Used Oil
Opportunity Grant of 2000 - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X11548)
Page 12 April 23, 2002
Time Item No.
3.38 * California Forensic Medical Group - Board approval is
requested by the Sheriff's Office to award an agreement for
the provision of medical services to inmates in the Butte
County Jail and individuals detained in the Butte County
Juvenile Hall. A Request For Proposal for the medical
services was issued with California Forensic Medical Group
selected as the lowest responsible bidder. The term of the
agreement is May 1, 2002, through June 30, 2005, and
thereafter extended annually upon the written agreement of the
parties. First year costs for services will be $1,656,115.
As a result of the cancellation of the services by the current
medical services provider, and the increased costs incurred as
a result of the interim contract, the medical services
budgetary shortfall for this fiscal year is $53,000. Board
approval is requested for a budget transfer of $53,000 from
the Appropriation for Contingencies to provide funding for the
current year medical services costs - action requested -
APPROVE BUDGET TRANSFER B-423 (4 /5 vote required) FROM THE
APPROPRIATION FOR CONTINGENCIES; AND AWARD AGREEMENT FOR
MEDICAL SERVICES TO CALIFORNIA FORENSIC MEDICAL GROUP AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
3.39 * State of California-Department of Boating and waterways Grant
Application for Fiscal Year 2003-2004 - Board approval is
requested by the Sheriff's Office for a grant application to
the State of California-Department of Boating and waterways
for continued funding for marine patrol of Lake Oroville, the
Sacramento River, and the Feather River. The maximum grant
amount is $188, 069, and requires the County to provide a match
of the County's estimated boat tax revenue for that fiscal
year, estimated at $40,787 - action requested - APPROVE GRANT
APPLICATION FOR FISCAL YEAR 2003-2004; APPROVE USE OF
ESTIMATED BOAT TAX REVENUE IN THE AMOUNT OF $40,787; ADOPT
RESOLUTION IN SUPPORT OF GRANT PROGRAM AND AUTHORIZE THE CHAIR
TO SIGN; AUTHORIZE THE SHERIFF TO SIGN GRANT APPLICATION AND
DOCUMENTS; AUTHORIZE KEN JONES, ASSISTANT AUDITOR-CONTROLLER,
TO SIGN AND CERTIFY THE DOCUMENTATION OF ESTIMATED BOAT TAX
REVENUES; AND APPROVE BECKY BLAINE, SUSAN TIFFANY, DAVE
HOUSER, DAVE KELLY, AND/OR MARVA VANGILDER TO SIGN QUARTERLY
REIMBURSEMENT FORMS.
Page 13 April 23, 2002
Time Item No.
3.40 * Forensic Resource Team (FOREST) Grant - Board approval is
requested by the Sheriff's Office for a Memorandum of
Understanding between the Butte County Sheriff's Office and
the Probation Department, District Attorney, Department of
Behavioral Health, the Superior Court of California, County of
Butte, and the Butte County Public Defender for the
implementation of the FOREST program. The Sheriff's Office
received the Mentally Ill Offender Crime Reduction Grant in
September 2001 in support of the program. The term of the
agreement is July 1, 2001, through June 30, 2002, to be
renewed annually through June 2004, subject to availability of
funds and agreement of the parties - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X13452A-E)
Miscel- 3.41 * Recognition of Professional Employees Unit and Exclusive
laneous Representative - on March 28, 2002, an election was held to
establish the Professional Employees Unit exclusive
representative, and the Professional Bargaining Unit was
elected as the Professional Employees Unit for representation
with regards to wages, hours and other terms and conditions of
employment - action requested - RECOGNIZE BUTTE COUNTY
PROFESSIONAL BARGAINING UNIT AS THE PROFESSIONAL EMPLOYEES
UNIT'S EXCLUSIVE REPRESENTATIVE FOR THE PURPOSE OF MEETING AND
CONFERRING WITH THE COUNTY WITH RESPECT TO WAGES, HOURS, AND
OTHER TERMS AND CONDITIONS OF WORK.
3.42 * Medical and Hospital Care Act - Board approval is requested by
the Department of Human Resources for a resolution which would
provide for the County's compliance with the Employee's
Medical and Hospital Care Act. In 2001 the State Legislature
enacted Labor Code Section 4856, Government Code Section
21635, requiring local agencies to provide lifelong health
benefits to survivors of peace officers and firefighters who
have died in the line of duty, and allows collective
bargaining for the continued benefits coverages of surviving
spouses. The proposed resolution will provide for spouses of
past-fallen officers to apply for lifelong health benefits
with their share of the cost remaining the same as an active
employee would have. Costs for this benefit are reimbursable
to the County. The County classifications that will be
subject to this benefit include: Sheriff, Undersheriff, Deputy
Sheriff, District Attorney Investigator, Deputy Coroner,
Correctional Officer, Probation Officer and Juvenile Hall
Counselor - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
Page 14 April 23, 2002
Time Item No.
3.43 * Substance Abuse and Crime Prevention Act of 2000
(Proposition 36) - County Plan and Funding Request for Fiscal
Year 2002-2003 - Board approval is requested by the Butte
County Department of Behavioral Health for a resolution
approving the Substance Abuse and Crime Prevention Act of 2000
County Plan and Funding Request for Fiscal Year 2002-2003 as
required prior to submission to the State Department of
Alcohol and Drug Programs. The purpose of the program is to
divert nonviolent persons convicted of drug possession or drug
use into treatment and supervision instead of incarceration.
The Proposition 36 working Group consists of representatives
from the Butte County Department of Behavioral Health,
Sheriff's Office, Public Defender, District Attorney,
Probation, Parole, Courts, Public Health, and Administrative
Office. The working group has met on several occasions to
discuss program aspects and funding relative to the
development of the County plan for fiscal year 2002-2003 -
action requested - ADOPT RESOLUTION APPROVING COUNTY PLAN AND
AUTHORIZE THE CHAIR TO SIGN.
3.44 * Certification of Statement of Votes Cast - Special Election -
the County Clerk-Recorder-Registrar of Voters submits the
Certification of Statement of Votes Cast at the April 9, 2002,
Special Election for multiple County Service Areas as
specified in County Resolution No. 02-008 - action requested -
ACCEPT CERTIFICATION OF STATEMENT OF VOTES CAST.
3.45 * Secure Rural Schools and Community Self-Determination Act of
2000 - Board approval is requested by the Fire Department for
authorization of 15 projects recommended by the Butte Fire
Safe Council that will be funded with Secure Rural Schools and
Community Self-Determination Act of 2000 funds. The projects
have been published for the mandatory 45-day comment period,
with no comments brought forward - action requested - APPROVE
PROJECTS; AUTHORIZE THE FIRE DEPARTMENT TO PROCESS THE GRANTS
FOR THESE FUNDS; AND APPROVE BUDGET TRANSFER B-412 (4/5 vote
required) TRANSFERRING FUNDS FOR THE PROJECTS INTO THE FIRE
DEPARTMENT'S ANCILLARY SERVICES BUDGET AND REGULAR SERVICES
BUDGET.
Page 15 April 23, 2002
Time Item No.
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
* 2. Housing Authority of Butte County - the Housing
Authority of Butte County has requested the Board
appoint two resident commissioners - action requested -
APPOINT TWO RESIDENT COMMISSIONERS TO TERMS TO END
APRIL 18, 2004.
* 3. In-Home Supportive Services Advisory Committee - the
Chair of the In-Home Supportive Services Advisory
Committee has requested the Board appointment two
committee members - action requested - APPOINT TWO
COMMITTEE MEMBERS (ONE TO A TERM ENDING
DECEMBER 19, 2003, AND ONE TO A TERM ENDING
DECEMBER 19, 2005).
4.02 Update on legislative and budget activities. (CHIEF
ADMINISTRATIVE OFFICER)
4.03 * Butte County Elder Services Coordinating Council - Report to
the Board - presentation by the Butte County Elder Services
Coordinating Council of progress, and presentation of Needs
Assessment - action requested - ACCEPT FOR INFORMATION.
(BUTTE COUNTY ELDER SERVICES COORDINATING COUNCIL)
4.04 * Speed Zone Ordinance on Garden Road - consideration of an
ordinance establishing a speed zone of 25 miles per hour on
Garden Road from Lott Road westerly to the end of the
pavement - action requested - WAIVE READING OF THE ORDINANCE.
(PUBLIC WORKS)
Page 16 April 23, 2002
Time Item No.
4.05 * waste Services Agreement Negotiations - Report to the Board -
on March 13, 2001, the Board directed the Department of Public
works to work with the Solid waste Committee to negotiate
exclusive waste services agreements with Norcal and waste
Management. The committee and staff have been in negotiations
with the two haulers for approximately one year, and submitted
is a report on the current status of negotiations, and options
for the Board's consideration - action requested - ACCEPT
STATUS REPORT ON THE CURRENT CONTRACT NEGOTIATIONS; AND
PROVIDE DIRECTION TO THE PUBLIC WORKS DEPARTMENT AND SOLID
WASTE COMMITTEE ON HOw TO PROCEED WITH DEVELOPMENT OF COUNTY
SOLID WASTE COLLECTION PROGRAMS. (PUBLIC WORKS)
4.06 Supervisorial Redistricting - on March 5, 2002, a majority of
voters in Butte County voted no on Measure B, "Ordinance 3759-
Ordnance Amending Article IV of Chapter 2 of the Butte County
Code Redistricting the Supervisorial Districts in the County
of Butte"; therefore, it is incumbent upon the Board of
Supervisors to decide on a process and procedure to bring
forward and adopt a new redistricting ordinance to comply with
the requirements of State law - action requested - BOARD
DIRECTION IS SOUGHT ON THE PROCESS AND PROCEDURE TO BE USED TO
ENACT A NEw REDISTRICTING ORDINANCE. (COUNTY CLERK-RECORDER-
REGISTRAR OF VOTERS AND COUNTY COUNSEL)
4.07 Items removed from the Consent Agenda for Board consideration
and action.
Page 17 April 23, 2002
Time Item No.
5.00
10:30 A.m. 5.01
Public Hearing and Timed Items
Continued Public Hearing - George w. Suhrie/Lassen Foundation,
M. C. Horning - Use Permit Appeal - consideration of an
appeal of the Planning Commission's denial of a Use Permit to
develop multi-family housing units consisting of four duplexes
and a freestanding three bedroom, two bathroom single family
dwelling. A total of nine living units would be provided with
eight to be arranged within four duplexes. Each duplex unit
would include two bedrooms and two bathrooms. All proposed
units will have attached garages. The development will
include parking areas, landscaping, driveways, walkways, on-
site sewage disposal systems, including five septic tanks.
Traffic circulation would be provided by two 24-foot wide
driveway connections to Lakeridge Circle. The property is
zoned C-C (Community Commercial) and WP (watershed Protection
Overlay) and located east of and adjacent to Lakeridge Circle,
approximately 1,200 feet east of the intersection of Lakeridge
Circle and the Skyway in the Magalia area and identified as
APN 066-320-003 and 004 (DB [UP 02-04]) - action requested -
STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED APRIL 23, 2002, ADOPT A MITIGATED NEGATIVE
DECLARATION;
2. FIND THAT THE DESIGN OF PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE
OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO
THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT
SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS
A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN
LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY
THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED
STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT
HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN
HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY
PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE
CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR
WILDLIFE SPECIES; OR, CONFLICT WITH THE PROVISIONS OF AN
ADOPTED HABITAT CONSERVATION PLAN;
CONTINUED ON PAGE 19
Page 18
April 23, 2002
Time Item No.
10:30 A.m. 5.01 3. SUBJECT TO FINDINGS III (A AND B) AS DETAILED IN THE
(Cont.) STAFF REPORT DATED APRIL 23, 2002, APPROVE APPEAL 02-03
AND USE PERMIT 02-04 FOR GEORGE SUHRIE, SUBJECT TO THE
FINDINGS AND CONDITIONS AS DETAILED IN EXHIBIT "A" OF
THE STAFF REPORT DATED APRIL 23, 2002, AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 3-12-02 [5.01])
11:00 A.m. 5.02 * Public Hearing - Butte County Department of Development
Services - Rezone - consideration of a rezone to conform the
zoning of the subject property to the General Plan, rezoning
from A-5 (Agricultural - 5 acre parcels) and A-R (Agricultural
Residential) to C-2 (General Commercial), three parcels
totaling 4.9 acres that are developed with a 10 unit motel on
2.95 acres, a home on 1 acre, and 3 homes on 0.95 acres (this
is a project on which a notice of intent to adopt a negative
declaration with mitigation measures regarding environmental
impacts has been given). The property is located south of,
and adjacent to State Route 32, approximately 1/4 mile
southeast of Muir Avenue, at 3207, 3241, and 3263 State
Route 32, Chico, and identified as APNs 042-100-002, 003, and
004 (File No. REZ 01-02 [CD]) - action requested - STAFF
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. ADOPT ALTERNATIVE ONE AS ORIGINALLY RECOMMENDED BY THE
PLANNING COMMISSION AS FOLLOWS: "ANY CHANGE IN USE BY
NEW COMMERCIAL CONSTRUCTION SHALL BE REVIEWED BY THE
AGRICULTURAL COMMISSIONER REGARDING SETBACKS FOR NEW
BUILDINGS. STANDARD SETBACKS SHALL BE ADJUSTED OR
INCREASED AS REQUESTED BY THE AGRICULTURAL COMMISSIONER,
AND DETERMINED BY THE PLANNING COMMISSION USING THE
PUBLIC HEARING PROCEDURES OF THE PLANNING SERVICES
MEETING. AS PART OF ANY NEW COMMERCIAL CONSTRUCTION, A
SOLID SIX-FOOT FENCE SHALL BE CONSTRUCTED ON THE
BORDERING PROPERTY LINE BETWEEN THE SUBJECT PARCELS AND
THE ORCHARDS.";
2. ADD THE FOLLOWING LANGUAGE TO THE PLANNING COMMISSION'S
RECOMMENDATION: "ALL FOOD SERVICE USES ARE PROHIBITED.";
3. INSTRUCT STAFF TO RETURN THE APPROPRIATE DOCUMENTS TO
THE BOARD OF SUPERVISORS FOR FINAL ADOPTION.
Page 19 April 23, 2002
Time Item No.
6.00 Public Comment
COMMENTS REGARDING ITEMS NOT LISTED ON THE AGENDA.
PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. 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. Faith v. Bell (Appeal)
2. Ielati v. County of Butte
7.02 PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. COUNTY COUNSEL
3. DIRECTOR- BEHAVIORAL HEALTH
4. DIRECTOR- CHILD SUPPORT SERVICES
5. DIRECTOR- EMPLOYMENT AND SOCIAL SERVICES
6. DIRECTOR- HUMAN RESOURCES
7. DIRECTOR- INFORMATION SYSTEMS
8. DIRECTOR- LIBRARIES
9. DIRECTOR- PUBLIC HEALTH
10. DIRECTOR- PUBLIC WORKS
11. DIRECTOR- WATER AND RESOURCE CONSERVATION
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 in 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. The Board of Supervisors is committed to making its proceedings accessible
to all citizens. Individuals with special needs may call 530-538-7643 for assistance. All requests for special accommodations must be made 48 hours
prior to the meeting.
Page 20 April 23, 2002