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M ay 21, 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 - Pastor Linda Prendergast, First United Methodist
Church, Oroville.
3.00 Consent Agenda
Budget 3.01 * Budget Transfers - action requested - APPROVE BUDGET TRANSFERS
Transfers B-484 (DISTRICT ATTORNEY); B-485 (DISTRICT ATTORNEY); B-493
(PROBATION); B-489 (PROBATION); B-492 (EMPLOYMENT AND SOCIAL
SERVICES); B-488 (SHERIFF'S OFFICE); AND B-496 (SUPERIOR
COURT/FACILITIES SERVICES). (All budget transfers listed
above require a 4/5 vote.)
Donations 3.02 Library Donations - pursuant to Government Code Section 25355,
donations of $215 from the Gridley Friends of the Library, and
$100 from an anonymous donor 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 * Memorial Garden Donations - pursuant to Government Code
Section 25355, donations in the amount of $839.26 have been
received by the Sheriff's Office for the construction of a
Fallen Officers Memorial Garden to be located in front of the
Sheriff's Office. Board approval is requested to transfer the
funds to the Sheriff's Office budget to be utilized for
expenses associated with construction of the garden - action
requested - ACCEPT DONATIONS; AND APPROVE BUDGET TRANSFER
B-487 (4 /5 vote required) ACCEPTING AND APPROPRIATING DONATED
FUNDS.
Appoint- 3.04 Butte County Behavioral Health Board - action requested -
ments APPOINT BILL KEHOE, FAMILY MEMBER REPRESENTATIVE, TO A VACATED
TERM TO END DECEMBER 31, 2002.
Time Item No.
3.05 Emergency Medical Care Committee - action requested - APPOINT
KARA DAVIS, MOBILE INTENSIVE CARE NURSE REPRESENTATIVE, TO A
VACATED TERM TO END JUNE 30, 2002.
Fixed 3.06 * Surplus Property - the General Services Director submits a
Assets and listing of various vehicles and equipment which represent
Facilities fixed assets deemed to be beyond economic repair, and/or no
longer needed by County departments - action requested -
DECLARE ITEMS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE
DISPOSAL BY THE PURCHASING AGENT IN ACCORDANCE WITH COUNTY
POLICY.
3.07 * Jail Computer Server - Emergency Purchase - Board approval is
requested by the Sheriff's Office to ratify the emergency
purchase of a computer server and software upgrade for the
jail records management system in the amount of $46,090. The
Printrak Offendertrak 6.0 system was purchased in response to
two system failures of the current system. Sole source
justification is also requested, as the current system in the
jail is the Printrak Offendertrak system, and purchase of the
server from another source would require shipping the
equipment to Printrak for a database conversion and
installation, adding to the overall cost of the system. The
Sheriff's Office was approved for a server purchase in the
amount of $14,000 in the fiscal year 2001-2002 budget. The
system purchased includes hardware and software ($35,860),
system conversion, installation and initiation ($8,500), and
a one year warranty ($3,140). Board approval is also
requested for a budget transfer in the amount of $32,090 from
the Inmate welfare Fund to provide the remaining needed
funding for the purchase - action requested - RATIFY EMERGENCY
PURCHASE: APPROVE SOLE SOURCE PURCHASE OF COMPUTER SERVER;
APPROVE BUDGET TRANSFER B-490 (4 /5 vote required) ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE FROM THE INMATE
WELFARE FUND; AND APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
3.08 * Security System - Board approval is requested by the
Department of Employment and Social Services for the fixed
asset purchase of a security system for the leased facility on
Mira Loma, Oroville, in the amount of $20,432. Board approval
is also requested for a budget transfer of department funds to
provide for the purchase - action requested - APPROVE FIXED
ASSET PURCHASE OF SECURITY SYSTEM; AND APPROVE BUDGET TRANSFER
B-494.
3.09 * Relief of Accountability - Employment and Social Services -
Board approval is requested by the Department of Employment
and Social Services for a relief of accountability for IBM
desktop computer systems (asset numbers 24941-24969) which
were transferred to surplus without appropriate paperwork.
Both the District Attorney and Auditor-Controller have
reviewed the request - action requested - GRANT RELIEF OF
ACCOUNTABILITY FOR FIXED ASSET NUMBERS 24941-24969.
Page 2 May 21, 2002
Time Item No.
Audit and 3.10 * State Department of Child Support Services - Administrative
Finance Electronic Data Processing Maintenance and Operations - Board
approval is requested by the Butte County Department of Child
Support Services to accept and appropriate $117,000 of
$356,888 in additional funds received from the State for
administrative electronic data processing maintenance and
operations. The funds will be used to purchase equipment and
software. Board approval is also requested for the fixed
asset purchase of an uninterruptible power supply unit in the
amount of $20,000, a tape drive unit in the amount of $6,000,
and an air conditioning unit for the computer equipment room
in the amount of $15,000 - action requested - APPROVE BUDGET
TRANSFER B-495 (4 /5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE; AND APPROVE PURCHASE OF FIXED ASSET
ITEMS.
3.11 * Treasury Compliance Audit - Fiscal Year 2000-2001 - the Butte
County Treasury Oversight Committee is required to have an
annual compliance audit performed to ensure County compliance
with Government Code Article 6, Section 27130 et seq. The
audit was performed by Bartig, Bassler and Ray. The Treasurer
submits a copy of the audit and the Treasurer's response as
required by Government Code. The compliance audit found the
County to be in compliance with applicable code, and found the
Treasury Oversight Committee functioned as was intended by
legislation - action requested - ACCEPT FOR INFORMATION.
3.12 * Monthly Investment Report - the Treasurer-Tax Collector
submits the April 30, 2002, report in accordance with the
Statement of Investment Policy dated July 1, 2001 - action
requested - ACCEPT FOR INFORMATION.
Ordinances 3.13 * Introduction of an Ordinance Delegating Investment Authority
and to the Treasurer-Tax Collector - Government Code Section 53607
Resolutions allows the Board of Supervisors to delegate investment
authority to the Treasurer on an annual basis. The proposed
ordinance will provide investment authority to the Butte
County Treasurer-Tax Collector for Fiscal Year 2002-2003 -
action requested - WAIVE READING OF THE ORDINANCE.
3.14 * Introduction of an Ordinance Amending Chapter 2, Article
XIII.5, Sections 2-100.70(b) and (c) of the Butte County Code
Relating to Powers and Duties of the Butte County Children and
Families Commission - introduction of an ordinance amending
the language regarding the requirement of the Butte County
Children and Families Commission's budget process, providing
for the Commission to establish its next year's operational
budget by the end of May, to forward the budget to the Board
of Supervisors for information and comment, and then to
forward the budget to the County Auditor prior to the
beginning of the new fiscal year in July. The amendment also
eliminates the requirement of a public hearing on the budget
prior to submission to the Board of Supervisors - action
requested - WAIVE READING OF THE ORDINANCE.
Page 3 May 21, 2002
Time Item No.
3.15 * Resolution to Amend the Salary Ordinance - the Department of
Human Resources has prepared a resolution to amend the salary
ordinance as follows: DISTRICT ATTORNEY-CRIMINAL - adds one
position of Paralegal with a sunset date of December 31, 2002,
in response to the incumbent's long-term workers' Compensation
leave. The position will be funded with salary savings.
COUNTY COUNSEL - deletes one flexibly staffed position of
Chief Deputy County Counsel/Deputy County Counsel IV, and adds
one flexibly staffed position of Deputy County Counsel
IV/III/II/I. The proposed change to the flexible staffing
will provide the department with greater choices in future
recruitments. SHERIFF-CORONER-SPECIAL ENFORCEMENT UNIT - adds
one position of Deputy Sheriff with a sunset date of
October 31, 2004, in support of the California Multi-
jurisdictional Methamphetamine Enforcement Team grant.
BEHAVIORAL HEALTH-GENERAL SERVICES - deletes one position of
Psychiatrist. The Department will contract for these
services - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
3.16 * Resolution Recognizing Deputy District Attorney Clare Keithley
as Prosecutor of the Year - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.17 * Resolution in Recognition of William E. Anderson upon
Retirement from the Butte County Sheriff's Office - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.18 * Resolution in Recognition of Martin w. "Butch" Ellis upon
Retirement from the Butte County Sheriff's Office - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.19 * Resolution in Recognition of Nicholas L. Limbaugh upon
Retirement from the Butte County Sheriff's Office - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.20 * Resolution in Recognition of James M. Nylander upon Retirement
from the Butte County Sheriff's Office - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Page 4 May 21, 2002
Time Item No.
Roads 3.21 * Bremner Court Right-of-way Exchange - Bremner Court is a
public street created July 2001 by the offer and acceptance of
a dedication in fee simple on the subdivision map for Durham
Land Estates, Phase 2. The road was constructed approximately
15 feet longer than allowed for within the dedicated right-of-
way, and Public works, along with the developer and the
adjoining lot owners, are requesting Board approval to adjust
the Bremner Court right-of-way to allow for the newly
constructed improvements. The adjustments will affect four
adjoining lots - action requested - ADOPT A RESOLUTION OF
SUMMARY ABANDONMENT AND RIGHT-OF-WAY EXCHANGE FOR PORTIONS OF
BREMNER COURT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE GRANT
DEED CONVEYING TO THE ADJOINING LOT OWNERS THOSE PORTIONS OF
BREMNER COURT THAT HAVE BEEN SUMMARILY ABANDONED AND AUTHORIZE
THE CHAIR TO SIGN; ACCEPT THE FEE-SIMPLE CONVEYANCE OF THOSE
PORTIONS OF BREMNER COURT REQUIRED FOR PUBLIC STREET AND
PUBLIC SERVICE PURPOSES BY GRANT DEED FROM 3 ADJOINING LOT
OWNERS; AND ACCEPT A DEED CONVEYING THAT PORTION OF LOT A
NEEDED FOR PUBLIC STREET, PUBLIC SERVICES AND ALL OTHER PUBIC
PURPOSES AND AUTHORIZE THE CHAIR TO SIGN.
3.22 * Reconstruction of West Sacramento Avenue Bridge Across Kusal
Slough - Federal Project No. BRLO-5912(015); County Project
No. 54123-95-2 - Award of Bid - the project consists of the
construction of a three-span reinforced cast-in-place concrete
flat slab highway bridge and reconstruction of approximately
800 lineal feet of approaching roadway. Bids were opened
May 6, 2002, with the low bidder being AJ Vasconi General
Engineering of Concord, California, in the amount of $328,563
(department budget) - action requested - AWARD BID TO LOWEST
RESPONSIBLE BIDDER, AJ VASCONI GENERAL ENGINEERING OF CONCORD,
CALIFORNIA, AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC
WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Agreements 3.23 * 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 Mr. Davis as the Interim Director-Development
Services. The amendment extends the term of the agreement to
an unspecified date to allow the County time to recruit and
hire a permanent Director, and reduces the amount of time
Mr. Davis will spend performing duties for the County from 40
hours a week to 24 hours a week, with flexibility provided for
additional hours if needed. Mr. Davis' hourly rate of
compensation will remain the same. Costs associated with the
amendment will be absorbed by the Development Services
Department's current year budget - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 5 May 21, 2002
Time Item No.
3.24 * United States Department of Agriculture (USDA), Animal and
Plant Health Inspection Services (APHIS), wildlife Services
Agreement - Board approval is requested by the Agricultural
Commissioner for an annual work plan and agreement with the
USDA, APHIS, and wildlife Services, for wildlife damage
management on properties within Butte County. The plan
provides for wildlife Services to supply all program
supervision, administration, and equipment to reduce,
terminate, and prevent predation and damage to livestock,
crops and other property caused by damaging birds and mammals.
The term of the agreement is July 1, 2002, through
June 30, 2003, with a maximum amount payable of $32,675
(department budget) - action requested - APPROVE WORK PLAN AND
AGREEMENT AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN.
(Contract No. X11212)
3.25 * Community Living Centers-JOBS Plus - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with
Community Living Centers-JOBS Plus for the provision of
vocational training to individuals with mental illness who
have experienced homelessness. The amendment increases the
maximum amount payable by $25,000 (department budget) to
provide funding for the purchase of a van for transporting
program participants. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13164)
3.26 * Chico Community Shelter Partnership - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with Chico
Community Shelter Partnership for the provision of support
services to the mentally ill homeless through local agencies.
The amendment increases the maximum amount payable by $8,000
(department budget) for additional outreach supplies and
computer related expenses. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13459)
3.27 * Butte County Public Health Department/Butte County Department
of Behavioral Health - Memorandum of Understanding -
Amendment - Board approval is requested by the Butte County
Department of Behavioral Health for an amendment to the
agreement with the Public Health Department for the provision
of HIV/AIDS services to substance abuse clients in treatment
with the Butte County Department of Behavioral Health. The
amendment increases the maximum amount payable by $10,000
(department budget) for the purchase of educational materials,
supplies and equipment. All other terms and provisions remain
the same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13207)
Page 6 May 21, 2002
Time Item No.
3.28 * Oroville Recovery Center - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with the 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 increases the maximum
amount payable by $9,927.75 (department budget) for the
provision of services to Forensic Resource Team (FOREST)
program clients. 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)
3.29 * Skyway House - Amendment - Board approval is requested by the
Butte County Department of Behavioral Health for an amendment
to the agreement with Skyway House for the provision of non-
residential rehabilitative ambulatory intensive outpatient
services and long-term residential recovery services for
Substance Abuse and Crime Prevention Act referred clients.
The amendment decreases the Substance Abuse and Crime
Prevention Act funding by $30,500.65, and increases Forensic
Resource Team (FOREST) funding by $15,638.04 to provide
services to referrals from the FOREST program - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X13423)
3.30 * Tri-County Treatment - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health for an
amendment to the agreement with Tri-County Treatment for the
provision of short-term alcohol and drug residential treatment
services. The amendment increases the maximum amount payable
by $30,500.64 (department budget) to allow the expansion of
services to clients of the Substance Abuse and Crime
Prevention Act program. 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. X13386)
3.31 * T. W. DuFour and Associates - Board approval is requested by
the Butte County Department of Behavioral Health for a lease
agreement with T. W. DuFour and Associates for the property
located at 500 Cohasset Road, Suite 24, Chico. The property
will be utilized by the Youth Services Division. The term of
the agreement is May 1, 2002, through April 30, 2012, with a
maximum amount payable of $283,680.12 for the multi-year term.
The department will provide infill costs in the amount of
$30,000, with the Lessor providing three months of free rent
as their contribution towards the infill costs. The maximum
financial obligation for fiscal year 2001-2002 will be $4,032
(department budget). Infill costs will be incurred in fiscal
year 2002-2003 - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13504)
Page 7 May 21, 2002
Time Item No.
3.32 * T. W. DuFour and Associates - Board approval is requested by
the Butte County Department of Behavioral Health for a lease
agreement with T. W. DuFour and Associates for the property
located at 500 Cohasset Road, Suites 16 and 17, Chico. The
property will be utilized by the Youth Services Division. The
term of the agreement is May 1, 2002, through April 30, 2012,
with a maximum amount payable of $765,989.19 over the multi-
year term. The department will provide infill costs in the
amount of $185,704.95, with the Lessor providing six months of
free rent as their contribution towards the infill costs. The
maximum financial obligation for fiscal year 2001-2002 will be
$185,704.95 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13507)
3.33 * A.D.I. Investigative Services - Amendment - Board approval is
requested by the Department of Child Support Services for an
amendment to the agreement with A.D.I. Investigative Services
for the provision of Process Service activities. The
amendment increases the maximum amount payable by $20,000
(department budget) as a result of increased need for
services. 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.
3.34 * Community Action Agency of Butte County - Board approval is
requested by the County Clerk-Recorder for a lease agreement
with the Community Action Agency of Butte County for the
property located at 2640 Fifth Avenue, Suites 6 and 7,
Oroville. The property is utilized to store voting equipment
and supplies. The term of the agreement is February 1, 2002,
through January 31, 2004, with a maximum amount payable of
$34,200 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13436)
3.35 * David Kennedy - Board approval is requested by County Counsel
for an agreement with David Kennedy for the provision of legal
services required by the Department of Employment and Social
Services-Children's Services Division. The attorney currently
providing services to the department will terminate his
contract on May 31, 2002. The term of the agreement is
June 1, 2002, through June 30, 2002, with a compensation rate
of $100 per hour, and a maximum amount payable not to exceed
$9,965.55 (State funding). Following June 30, 2002, an
attorney for these services will be retained as a result of
the Request For Proposal process - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF THE AUDITOR-CONTROLLER. (Contract No. X11629)
Page 8 May 21, 2002
Time Item No.
3.36 * California Department of Insurance - Automobile Insurance
Fraud Grant - Board approval is requested by the District
Attorney to apply to the California Department of Insurance
for grant funds to support an Automobile Insurance Fraud
Program - action requested - ADOPT RESOLUTION AUTHORIZING THE
DISTRICT ATTORNEY TO SUBMIT GRANT APPLICATION AND AUTHORIZE
THE CHAIR TO SIGN.
3.37 * California Department of Insurance - workers' Compensation
Fraud Grant - Board approval is requested by the District
Attorney to apply to the California Department of Insurance
for grant funds to support a workers' Compensation Fraud
Program - action requested - ADOPT RESOLUTION AUTHORIZING THE
DISTRICT ATTORNEY TO SUBMIT GRANT APPLICATION AND AUTHORIZE
THE CHAIR TO SIGN.
3.38 * Superior Court of California, County of Butte - Board approval
is requested by the Department of Employment and Social
Services for an agreement with the Superior Court of
California, County of Butte, for the provision of Juvenile
Dependency Mediation services. The term of the agreement is
June 1, 2002, through June 30, 2004, with a maximum amount
payable of $167,000 ($7,000 for fiscal year 2001-2002; $80,000
for fiscal year 2002-2003; and $80,000 for fiscal year 2003-
2004 [department budget]) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
3.39 * Family Tree Services - Amendment - Board approval is requested
by the Department of Employment and Social Services for an
amendment to the agreement with Family Tree Services for the
provision of supervised visitation services for families
receiving Family Reunification Services. The amendment
increases the maximum amount payable by $18,000 (department
budget) in response to an increased demand for services. 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.
3.40 * Office of Criminal Justice Planning - Board approval is
requested by the Probation Department to accept $37,594 in
grant funds from the Office of Criminal Justice Planning under
the Juvenile Accountability and Incentive Block Grant Program.
The program is designed to recognize positive behaviors by
juvenile probationers. The program offers a weekend
accountability program, administers accountability-based
sanctions, and includes participation in the Juvenile Peer
Court. The grant requires a County match of $4,177, and both
the revenue and match have been included in the department's
fiscal year 2002-2003 budget proposal - action requested -
ACCEPT GRANT AND AUTHORIZE THE INTERIM CHIEF PROBATION OFFICER
TO SIGN GRANT DOCUMENTS.
Page 9 May 21, 2002
Time Item No.
3.41 * R & B Electronics - Board approval is requested by the
Sheriff's Office for an agreement with R & B Electronics for
the provision of maintenance services on the electronic
security systems in the Butte County Jail. Sole source
approval is also requested for the agreement. R & B
Electronics installed the equipment in the jail, and their
expertise is needed to maintain the system in optimal
condition. The term of the agreement is April 1, 2002,
through April 1, 2003, with a maximum amount payable of
$29,500 (department budget) - action requested - APPROVE SOLE
SOURCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF THE AUDITOR-CONTROLLER; AND APPROVE PAYMENT OF
FIRST QUARTER PAYMENT ($7,375) FROM ACCOUNT 360.003.530 FOR
THIS FISCAL YEAR.
3.42 * California Multi-jurisdictional Methamphetamine Enforcement
Team (CAL-MMET) Grant - Board approval is requested by the
Sheriff's Office to accept $350,000 in grant funds to support
an aviation program of surveillance, intelligence, and
reconnaissance of narcotic traffickers. The term of the grant
is May 1, 2002, through October 31, 2004, and will fund a
full-time deputy sheriff pilot for aerial patrol and all
expenses associated with flight operations. The grant also
provides $80,000 for equipment in the first year - action
requested - ACCEPT GRANT AND AUTHORIZE THE SHERIFF TO SIGN
GRANT AWARD AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL
AND THE AUDITOR-CONTROLLER; AUTHORIZE THE SHERIFF, AS AGENT
FOR THE COUNTY, TO SIGN OTHER NECESSARY GRANT RELATED
DOCUMENTS; APPROVE BUDGET TRANSFER B-486 (4/5 vote required)
ACCEPTING AND APPROPRIATING $87,615 IN UNANTICIPATED GRANT
REVENUE FOR THIS FISCAL YEAR; AND APPROVE PURCHASE OF FIXED
ASSET EQUIPMENT AS DESCRIBED IN ATTACHMENT A, PAGE 7 OF THE
AGENDA REPORT.
3.43 * State of California-Department of water Resources - Board
approval is requested by the Butte County Department of water
and Resource Conservation for a revenue agreement with the
State of California-Department of water Resources which
provides to the County 50 of the proceeds associated with
participation by western Canal water District in the 2001 Dry
Year water Purchase Program. Under the agreement the funds
will be used to conduct an evaluation of third-party impacts
associated with the fallowing of agricultural lands associated
with the Dry Year water Purchase Program. The term of the
agreement is from date of signature through December 31, 2002,
with a maximum amount payable of $55,066. The appropriation
has been included in the department's fiscal year 2002-2003
budget proposal - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE
CONSERVATION TO SIGN RELATED FUNDING DOCUMENTS ON BEHALF OF
THE COUNTY.
Page 10 May 21, 2002
Time Item No.
Miscel- 3.44 County of Butte-City of Chico Joint Meeting - Board approval
laneous is requested by the Chief Administrative Officer to set a
second special meeting for Tuesday, June 18, 2002, for the
purpose of conducting a joint meeting with the Chico City
Council to discuss issues of mutual concern - action
requested - SET SPECIAL MEETING FOR TUESDAY, JUNE 18, 2002, AT
6:00 P.M. (TENTATIVE TIME TO BE CONFIRMED BY CITY OF CHICO)
FOR THE PURPOSE OF CONDUCTING A JOINT MEETING WITH THE CHICO
CITY COUNCIL.
3.45 Board Meeting Calendar Modification - Board approval is
requested by the Clerk of the Board to alter the Board's
meeting schedule for the month of August. The County Clerk
Recorder-Registrar of Voters has notified the Clerk of the
Board that election guidelines for requests for election
consolidation must be received within a specific time frame.
Many of the special districts within the County would like to
request consolidation of their upcoming elections with the
General Election to be held in November. with the current
Board calendar, the meeting of August 13, 2002, makes meeting
required election time frames impossible for the special
districts wanting to consolidate. Moving the meeting of
August 13 to August 6 would eliminate the timing problem and
provide special districts the opportunity to request
consolidation. The Clerk of the Board is recommending the
Board also move the meeting date of August 27 to August 20 to
provide for the Board's normal two-week meeting schedule for
the remainder of the month - action requested - AMEND THE
BOARD'S MEETING DATES CALENDAR FOR AUGUST 2002, CANCELLING THE
ADOPTED MEETING DATES OF AUGUST 13 AND AUGUST 27, AND SETTING
NEW MEETING DATES OF AUGUST 6 AND AUGUST 20.
3.46 * Advanced Step Hire - Correctional Technician - Board approval
is requested by the Sheriff's Office for the advanced step
hire of a Correctional Technician candidate to Step 5 of the
salary range based on past experience with the department as
both a regular-help and extra-help employee. Pursuant to
Personnel Rule 11.5(b), the Director of Human Resources
recommends the advanced step hire - action requested - APPROVE
ADVANCED STEP HIRE OF A CORRECTIONAL TECHNICIAN CANDIDATE TO
STEP 5 OF THE SALARY RANGE.
3.47 * Advanced Step Hire - Deputy Sheriff - Board approval is
requested by the Sheriff's Office for the advanced step hire
of a Deputy Sheriff candidate to Step 4 of the salary range
based on 17 years of law enforcement experience. Pursuant to
Personnel Rule 11.5(b), the Director of Human Resources
recommends the advanced step hire - action requested - APPROVE
ADVANCED STEP HIRE OF A DEPUTY SHERIFF CANDIDATE TO STEP 4 OF
THE SALARY RANGE.
Page 11 May 21, 2002
Time Item No.
3.48 * Rural Alliance Inc. - Student Scholarships - the Rural
Alliance Inc., has created a scholarship program to advance
better education for rural California residents. As a member
of the Regional Council or Rural Counties, Butte County will
be allocated $1000 of Rural Alliance Inc . , funds for up to two
scholarships. The Department of Employment and Social
Services has proposed two individuals to receive $500
scholarships each. Board approval is requested to adopt a
resolution allowing participation in the scholarship
program - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
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.
(EMPLOYMENT AND SOCIAL SERVICES [FROM 4-23-02/4.03])
4.04 * Gridley Redevelopment Project Area - Report to the Board -
presentation by the City of Gridley of the proposed Gridley
Redevelopment Project Area and consideration of appointment of
two Board members to represent the County in matters
pertaining to the City of Gridley Redevelopment Project -
action requested - ACCEPT FOR INFORMATION; AND APPOINT TWO
BOARD MEMBERS TO REPRESENT THE COUNTY IN MATTERS PERTAINING TO
THE CITY OF GRIDLEY REDEVELOPMENT PROJECT. (CHIEF
ADMINISTRATIVE OFFICER)
Page 12 May 21, 2002
Time Item No.
4.05 * California Public Employees Retirement System (CalPERS) -
Amendment to Retirement Benefits - consideration of an
ordinance, introduced April 23, 2002, which will amend the
County's agreement with CalPERS regarding retirement benefit
calculations. The proposed amendment would:
1) provide to the Deputy Sheriff Classifications:
Government Code Section 21362.2 (3o at 50 Modified
formula), Government Code Section 20432
(Reclassification of County Peace Officers as "Local
Sheriff"), Government Code Section 20042 (One-Year Final
Compensation), Government Code Section 20965 (Credit for
Unused Sick Leave), Government Code Section 21024
(Military Service Credit as Public Service), Government
Code Section 21548 (Pre-Retirement Optional Settlement 2
Death Benefit for local member), and Government Code
Section 21623.5 ($2,000 Retired Death Benefit); and
2) provide to the remaining safety classifications:
Government Code Section 21548 (Pre-Retirement Optional
Settlement 2 Death Benefit for local member) and
Government Code Section 21623.5 ($2,000 Retired Death
Benefit).
Action requested - ADOPT ORDINANCE AUTHORIZING AMENDMENT TO
CALPERS CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (HUMAN
RESOURCES [FROM 4-23-02/4.08])
4.06 Items removed from the Consent Agenda for Board consideration
and action.
Page 13 May 21, 2002
Time Item No.
5.00
10:30 A.m. 5.01
Public Hearing and Timed Items
Public Hearing - County Service Area 137 (CSA 137)-Durham
Dayton Industrial Partners - Annexation - Property Owner
Protest Hearing and Ballot Proceedings - the welsh Etter
Investment Company has requested annexation to CSA 137 for
fire protection services. The annexation is subject to
approval by the Local Agency Formation Commission, and
pursuant to Proposition 218 requirements, the proposed maximum
service charge of $1,000 per parcel of real property is
subject to a property owner protest hearing and ballot
proceedings. On March 26, 2002, the Board of Supervisors
adopted Resolution No. 02-036 making application to the Local
Agency Formation Commission for the annexation, and setting
this public hearing for commencement of the protest hearing
and ballot proceedings to impose the maximum service charge -
action requested:
1. OPEN PUBLIC HEARING TO REQUEST PROTESTS TO THE PROPOSED
ANNEXATION AND ESTABLISHMENT OF THE MAXIMUM SERVICE
CHARGE;
2. IF THERE IS NOT A MAJORITY PROPERTY OWNER PROTEST, CLOSE
THE PUBLIC HEARING AND REQUEST BALLOT RESULTS FROM THE
CLERK OF THE BOARD;
3. IF A MAJORITY OF THE BALLOTS ARE IN FAVOR OF
ESTABLISHMENT OF THE SERVICES CHARGES, REQUEST COUNTY
STAFF TO NOTIFY THE LOCAL AGENCY FORMATION COMMISSION
THAT THE WELSH ETTER INVESTMENT COMPANY ANNEXATION TO
CSA 137 IS ACCEPTABLE IF IT IS CONDITIONED THAT THE
COUNTY WOULD LEVY THE PREVIOUSLY ESTABLISHED AND
COLLECTED SERVICE CHARGE ON THE PARCEL BEING ANNEXED.
(FROM 3-26-02 [3.04])
10:35 A.m. 5.02 * Public Hearing - Rename a Private Road in Butte County - the
property owners along Nikki Creek Lane have submitted a
petition to change the road's name to Sterling Creek Lane.
Board approval is requested by the Public works Department,
pursuant to Streets and Highways Code Section 970.5, for a
resolution which would rename Nikki Creek Lane (Garden Road to
end) to Sterling Creek Lane - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-7-02
[3.06] )
Page 14 May 21, 2002
Time Item No.
10:40 A.m. 5.03
Public Hearing - Tentative Parcel Map Appeal - Kenneth E.
Ghimenti - consideration of an appeal of Condition 5 of the
Conditions of Approval imposed by the Development Review
Committee for approval of a Tentative Parcel Map to divide a
18.7 acre parcel into one parcel of 10.3 acres (Parcel 1) and
one parcel of 8.4 acres (Parcel 2). This is a matter on which
notice of intent to adopt a negative declaration with
mitigation measures regarding environmental impacts has been
given. Both parcels are developed with one single family
dwelling. Sewage disposal is handled by on-site septic
systems and domestic water is obtained from an individual on-
site well that serves both dwellings. The property is zoned
FR-2 (Foothill Recreational - 2 acre parcels) and is located
on the east side of Concow Road, approximately 1,200 feet
north of Highway 70, Concow, and identified as APN 058-560-006
(CS [T PM 02-12]) - action requested - STAFF RECOMMENDS THE
BOARD CONTINUE THE HEARING TO JUNE 11, 2002.
11:00 A.m. 5.04 * Public Hearing - Tentative Parcel Map Appeal - David H. and
Brenda Ellis - consideration of an appeal of Conditions 17 and
18 of the Conditions of Approval imposed by the Development
Review Committee for approval of a Tentative Parcel Map to
create 3 parcels of 20.5, 85, and 116 +/- acres from two
existing parcels totaling 221.5 +/- acres. This is a project
on which notice of intent to adopt a negative declaration with
mitigation measures regarding environmental impacts has been
given. A lot line adjustment is also proposed between an
adjacent parcel of 32.5 acres, which will be reduced in size
to 20 acres. The property is zoned "U" (Unclassified), S-H
(Scenic Highway) and FR-40 (Foothill Recreational - 40 acre
parcels) and is located west of, and adjacent to Pentz Road,
opposite Pioneer Trail, in the south Paradise area, and
identified as APNs 041-470-110, 041-080-151 and 041-470-086
(DB [T PM 02-10]) - action requested - STAFF RECOMMENDS THE
BOARD TAKE THE FOLLOWING ACTION:
1. DENY THE APPEAL FOR DAVID H. ELLIS WITH THE CORRECTION
TO CONDITION 17 AS RECOMMENDED BY THE DEPARTMENT OF
PUBLIC WORKS, AND AS SHOWN IN THE CONDITIONS ATTACHED TO
THE AGENDA REPORT.
ALTERNATIVE ACTIONS:
1. GRANT THE APPEAL AND MAKE CHANGES TO CONDITIONS 17 AND
18 AS DETERMINED APPROPRIATE.
2. CONTINUE THE APPEAL FOR DAVID H. ELLIS.
Page 15 May 21, 2002
Time Item No.
12:00 P.m. 5.05 Timed Recess - Recess to the Southside Oroville Community
Center for a tour of the facility.
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 SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE.
7.02 PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957:
1. AGRICULTURAL COMMISSIONER
2. CHIEF ADMINISTRATIVE OFFICER
3. COUNTY COUNSEL
4. DIRECTOR-BEHAVIORAL HEALTH
5. DIRECTOR-CHILD SUPPORT SERVICES
6. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES
7. DIRECTOR-HUMAN RESOURCES
8. DIRECTOR-INFORMATION SYSTEMS
9. DIRECTOR-LIBRARIES
10. DIRECTOR-PUBLIC HEALTH
11. DIRECTOR-PUBLIC WORKS
12. DIRECTOR-WATER AND RESOURCE CONSERVATION
7.03 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR DEVELOPMENT SERVICES.
THE BUTTE COUNTY BOARD OF SUPERVISORS' AGENDAS AND MINUTES ARE AVAILABLE ON THE
WORLD WIDE WEB AT WWW.BUTTE000NTY.NET/COB.
If you would like to receive your agenda by a-mail, please send your request to mreeves@buttecounty.net.
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 16 May 21, 2002