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HomeMy WebLinkAboutA091101BOARD OF SUPERVISORS AGENDA R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District September 11, 2001 Time Item No. 9:00 A.m. 1.00 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 2.00 Pledge of Allegiance to the Flag of the United States of America. 2.01 Invocation - Pastor Ken Patton, Palermo Baptist Church, Palermo. 3.00 Consent A ecr nda Donations 3.01 Library Donations - in accordance with Government Code Section 25355, donations of $1,514.25 from the Chico Unified School District (Hooker Oak Open Structured Classrooms), $1,000 from the Paradise Friends of the Library, $884.50 from the Oroville Friends of the Library, $300 from the Chico Friends of the Library, and $110 from B.O.B. Book Club (c/o Anna Victoria Farrell) have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Setting of 3.02 * Underground Utility District No. 14B - the Public Public works Department is requesting Board approval of a Hearings resolution which would set a public hearing for October 9, 2001, at 10:30 a.m., to determine whether public necessity, health, safety, or welfare require the formation of an underground utility district on East Avenue from Cohasset Road to 400 feet easterly, Chico - action requested - ADOPT RESOLUTION SETTING PUBLIC HEARING FOR OCTOBER 9, 2001, AT 10:30 A.M. AND AUTHORIZE THE CHAIR TO SIGN. Appoint- 3.03 Assessment Appeals Board - action requested - ments REAPPOINT GIL JONES, BOARD MEMBER, AND DAVID B. JOHNSON, ALTERNATE, TO TERMS TO END SEPTEMBER 4, 2004. Time Item No. 3.04 * Reclamation District No. 833 - Appointment of Insufficient Nominees - pursuant to California Elections Code Section 10515, Reclamation District No. 833 is requesting the Board reappoint Dane Andes, Trustee, to a term to end December 2, 2005, as the district did not receive a declaration of candidacy for their board vacancy - action requested - APPOINT DANE ANDES, TRUSTEE, TO A TERM TO END DECEMBER 2, 2005. Fixed 3.05 * Sheriff's Office - Donation of a Patrol Boat and Assets and Trailer - in accordance with Government Code Section Facilities 25355, a donation of a 1982 Wellcraft Runabout Boat (CF#5614XF) and a 1994 Shoreland'r Trailer (HIN#WELA7989078F30082), with a combined value of $3,300, have been received from the United States Department of Agriculture-Lake Tahoe Basin Management Unit, for the Sheriff's Office-Marine Unit. The boat will be used to enhance the Department of Boating and waterways' grant program - action requested - ACCEPT DONATION AS A FIXED ASSET ITEM; AUTHORIZE THE COUNTY PURCHASING OFFICE TO INITIATE DEPARTMENT OF MOTOR VEHICLES TRANSFER PAPERWORK, AND AUTHORIZE A LETTER OF APPRECIATION. Audit and 3.06 * Butte County Library - Grant Funds - Board approval Finance is requested by the Library to accept and appropriate $24,622 in grant funds received from the Butte County Children and Families Commission for the Literacy Program - action requested - APPROVE BUDGET TRANSFER B-037 (4 /5 vote required) ACCEPTING AND APPROPRIATING $24,622 AS DETAILED IN THE AGENDA TRANSMITTAL. 3.07 * Butte County Library - Grant Funds - Board approval is requested by the Library to accept and appropriate funds received from the California State Library under the English Language Literacy Intensive Grant Program. The Library was awarded $57,600 for the two-year period of 2001-2003. The Library budgeted $18,900 for fiscal year 2001-2002, and received $27,900. Board approval is requested to appropriate the additional $9,000 received for fiscal year 2001-2002. The remaining funds ($29,700) will be appropriated into the fiscal year 2002-2003 department budget - action requested - APPROVE BUDGET TRANSFER B-035 (4 /5 vote required) ACCEPTING AND APPROPRIATING GRANT REVENUE. 3.08 * Annual Report of Inmate welfare Fund Expenditures - pursuant to Penal Code Section 5006, the Sheriff's Office submits an annual report of all expenditures from the Inmate welfare Fund, less transfers approved by the Board - action requested - ACCEPT FOR INFORMATION. Page 2 September 11, 2001 Time Item No. 3.09 * Local Law Enforcement Block Grant - Resolution - on August 14, 2001, the Board approved the grant application by the Probation Department and the Sheriff's Office to the United States Department of Justice-Bureau of Justice Assistance for funding under the Local Law Enforcement Block Grant Program. Pursuant to the requirements of the grant, Board approval is requested for a resolution which would accept the terms and conditions of the grant - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.10 * Cardenas Crime Prevention Act of 2000 Financial Reports - the Probation Department submits the 2001 Progress Reports as required by the California State Board of Corrections - action requested - ACCEPT FOR INFORMATION. Ordinances 3.11 Adoption of a Salary Ordinance Amendment - the and Facilities Services Division has requested the Resolutions Department of Human Resources prepare a salary ordinance amendment which deletes two positions of Building Crafts worker III and one position of Lead - Building Crafts worker, and adds two flexibly staffed positions of Lead - Building Crafts worker or Building Crafts worker III, and one flexibly staffed position of Building Crafts worker III/II/I. The proposed ordinance will provide the department with greater flexibility in recruiting, staffing and departmental organization without additional staff - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1 [3.18]) 3.12 Adoption of a Salary Ordinance Amendment - the District Attorney has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one position of Investigative Assistant. On May 8, 2001, the Board adopted an ordinance adding the position of Supervisor-Clerical Support Services to the Bad Check Unit of the Criminal Division, with the provision that when the position was filled, the Investigative Assistant position would be deleted. This ordinance completes that action - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1 [3.19]) Page 3 September 11, 2001 Time Item No. 3.13 Adoption of a Salary Ordinance Amendment - the Department of water and Resource Conservation has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one position of Administrative Analyst III/II/I, and adds one position of Manager-Program and Resource Development in response to a classification study - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1 [3.20]) 3.14 Adoption of a Salary Ordinance Amendment - the Library has requested the Department of Human Resources prepare a salary ordinance amendment which adds one half-time position of Library Assistant II, and one three-quarter time position of Library Assistant III. Both positions have a sunset date of June 30, 2002. The positions will be funded with grant funds received from the California State Library and the Butte County Children and Families Commission. The grants will renew each year, and the Library will extend the sunset dates based on the continued funding - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1 [3.21] ) 3.15 Adoption of a Salary Ordinance Amendment - the Department of Human Resources has prepared a salary ordinance amendment which corrects salary range errors contained in the Salary Plan for Classified Positions, Reference G, Professional Employees' Unit Classification as follows: Public Health Microbiologist (Step 1 $21.49 - Step 5 $26.12); Public Health Nurse I (Step 1 $17.60 - Step 5 $21.39); Public Health Nurse II (Step 1 $19.45 - Step 5 $23.64); and Public Health Nurse III (Step 1 $21.49 - Step 5 $26.12). The corrections are retroactive to July 1, 2001, the effective date of the adopted Butte County Fiscal Year 2001-2002 Proposed Budget - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-25-O1 [3.22] ) 3.16 Adoption of a Salary Ordinance Amendment - the Department of Human Resources has prepared a salary ordinance amendment which incorporates adjustments included in the Butte County Fiscal Year 2001-2002 Final Budget as follows: Administrative - adds one flexibly staffed position of Office Assistant III/II/I; District Attorney-Criminal - adds one flexibly staffed position of Information Systems Technician II/I; (Continued on Page 5) Page 4 September 11, 2001 Time Item No. 3.16 Probation - adds two flexibly staffed positions of (Cont.) Probation Officer III/II/I; Development Services - adds one flexibly staffed position of Information Systems Technician III/II/I Public works-General Administration - adds one flexibly staffed position of Information Systems Technician III/II/I; Public works-Construction and Maintenance - adds one position of Associate Engineer, one flexibly staffed position of Engineering Technician III/II/I, and one position of Engineering Technician II; Public Health-General Services - adds one flexibly staffed position of Medical Records Technician II/I, one half-time flexibly staffed position of Health Education Specialist II/I, and one flexibly staffed position of Information Systems Analyst III/II/I; Behavioral Health-General Services - adds one position of Supervisor-Billing, one flexibly staffed position of Mental Health Clinician II/I, three and one-half flexibly staffed positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, and one position of Psychiatric Technician; Behavioral Health-Drug Treatment - adds one position of Supervisor-Mental Health Clinician, two flexibly staffed positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, and one flexibly staffed position of Mental Health Clinician II/I; Child Support Services - adds five flexibly staffed positions of Family Support Case Manager III/II/I, four flexibly staffed positions of Accounting Specialist/Senior Account Clerk/Account Clerk, and two flexibly staffed positions of Office Assistant III/II/I; welfare-Administration is re-titled to Employment and Social Services-Administration, adds two positions of Information Systems Analyst II, and two positions of Social Services Aide; welfare- Eligibility is re-titled to Employment and Social Services-Eligibility, and adds two flexibly staffed positions of Eligibility Technician II/I; welfare- Services is re-titled to Employment and Social Services-Services, and adds one flexibly staffed position of Social worker IV/III, and one flexibly staffed position of Social worker III/II; welfare- CalwORKs is re-titled to Employment and Social Services-CalwORKs, deletes six term positions of Employment Case Manager II, and adds six positions of Employment Case Manager II; welfare-Public Guardian is re-titled to Employment and Social Services-Public Guardian; Administrative-Facilities Services adds one position of Senior Account Clerk and one position of Grounds Maintenance worker I. The salary ordinance also provides for the position name changes resulting from the name change of the Department of Employment and Social Services - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-28-O1 [3.23]) Page 5 September 11, 2001 Time Item No. 3.17 * Introduction of a Salary Ordinance Amendment - the Department of Human Resources has prepared a salary ordinance amendment which transfers the position classification of Probation Officer III from the Butte County Management Employees Association to the Butte County Employees Association, General Unit, pursuant to a side letter agreement. The transfer will be effective July 26, 2001, however, employees occupying this classification shall continue to accrue vacation and holidays in accordance with the Butte County Management Employees Association's Memorandum of Understanding until January 4, 2002 - action requested - WAIVE READING OF THE ORDINANCE. 3.18 * Introduction of a Salary Ordinance Amendment - the Behavioral Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one term position of Clinical Program Manager (term of end 6-30-02), and adds one position of Clinical Program Manager in support of the Family Bridges Program - action requested - WAIVE READING OF THE ORDINANCE. 3.19 * Introduction of a Salary Ordinance Amendment - the Department of Child Support Services has requested the Department of Human Resources prepare a salary ordinance amendment which deletes thirteen flexibly staffed positions of Senior Account Clerk/Account Clerk, and adds thirteen flexibly staffed positions of Accounting Specialist/Senior Account Clerk/Account Clerk. The broader classification will provide the department greater staffing choices, and provide greater promotional opportunities within the department - action requested - WAIVE READING OF THE ORDINANCE. 3.20 * Introduction of a Salary Ordinance Amendment - the Administrative Office has requested the Department of Human Resources prepare a salary ordinance amendment which creates a new budget unit entitled, "360-007 Sheriff-Coroner - Rural County Supplemental Funding", and adds the following positions to the new budget unit: one flexibly staffed position of Information Systems Analyst II/I, two flexibly staffed positions of Information Systems Technician II/I, four positions of Deputy Sheriff, and one flexibly staffed position of Sheriff's Clerk III/II. The ordinance also adds one flexibly staffed term position of Sheriff's Clerk II/I (term to end 6-30-02) to the Sheriff-Coroner - Services budget unit (360-001). These actions were part of the final budget adjustments for the Sheriff's Office - action requested - WAIVE READING OF THE ORDINANCE. Page 6 September 11, 2001 Time Item No. 3.21 * Resolution in Honor of John S. Blacklock upon his retirement from the County of Butte - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.22 * Resolution Commending Jennifer K. Faughn - Board approval is requested by Butte County Economic Development Corporation for a resolution commending Jennifer K. Faughn for her work as a Business Recruitment Officer for the Butte County Economic Development Corporation from May 27, 1999, to June 30, 2001 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.23 * Proclamation for Domestic Violence Awareness Month - Board approval is requested by the Probation Department for a resolution proclaiming October 2001 as Domestic Violence Awareness Month in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Roads 3.24 * Summary Abandonment of a Portion of Right-of-way on Church Street, Richvale - Lundberg Family Farms and Richvale Irrigation District have requested the County abandon portions of Church Street (formerly Fourth Street) in the town of Richvale. The Public works Department has determined that certain strips of land along the east and west sides of Church Street are no longer needed for road right-of-way, and a resolution for summary abandonment and a quit claim deed for the property have been prepared for Board consideration - action requested - ADOPT A RESOLUTION OF SUMMARY ABANDONMENT AND AUTHORIZE THE CHAIR TO SIGN, AND APPROVE QUIT CLAIM DEED AND AUTHORIZE THE CHAIR TO SIGN. Agreements 3.25 * Denny R. Forland - Amendment - Board approval is and requested by the Administrative Office for an Grants amendment to the agreement with Denny R. Forland for the provision of Indigent Defense Services. The amendment provides for the addition of an attorney to the Public Defender Consortium as provided in the Butte County Final Budget for Fiscal Year 2001-2002. The attorney will be hired as a subcontractor of Denny R. Forland, Executive Director for the Consortium. The term of the amendment is July 1, 2001, through June 30, 2003, with a maximum amount payable of $280,158.96 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 7 September 11, 2001 Time Item No. 3.26 * willow Glen Care Center - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with willow Glenn Care Center for the provision of full-day rehabilitation services. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $117,850 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13170) 3.27 * Echo Consulting Services of California, Inc., - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Echo Consulting Services of California, Inc., for the provision of software maintenance, support, and enhancement of the department's computerized medical billing system. The amendment extends the term of the agreement through June 30, 2002, and increases the maximum amount payable by $92,262.22 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X11516) 3.28 * Enloe Medical Center - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Enloe Medical Center for the provision of initial medical evaluations of an urgent/emergency nature prior to admission to the County's Psychiatric Health Facility (or within 24 hours thereafter, as required by law). The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $72,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13205) 3.29 * Oroville Hospital - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Oroville Hospital for the provision of initial medical evaluations of an urgent/emergency nature prior to admission to the County's Psychiatric Health Facility (or within 24 hours thereafter, as required by law), and ambulance services. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $82,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13206) Page 8 September 11, 2001 Time Item No. 3.30 * Community Living Centers-JOBS PLUS - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an agreement with Community Living Centers-JOBS PLUS for the provision of vocational experience to BCDBH clients. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $129,599 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13203) 3.31 * Community Living Centers-JOBS PLUS - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an agreement with Community Living Centers-JOBS PLUS for the provision of vocational training services to BCDBH Adult System of Care clients. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $69,818 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13164) 3.32 * Northern Valley Catholic Social Service - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Northern Valley Catholic Social Service for the provision of mental health services to children with full-scope Medi-Cal, who meet the criteria of medical necessity. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $693,987 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13173) 3.33 * 7-Up Bottling Company of Chico, Inc. - Lease Agreement - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with 7-Up Bottling Company of Chico, Inc., for the properties located at 582, 584, and 586 Rio Lindo Avenue, Chico. The properties will be utilized by the CalwORKs program. The term of the agreement is October 1, 2001, through September 30, 2004, with a maximum amount payable of $152,517.12 for the multi-year term (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13213) Page 9 September 11, 2001 Time Item No. 3.34 * QRP Partners - Lease Agreement - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with QRP Partners for the property located at 5910 Clark Road, Suite T, Paradise. The property will be utilized by the Youth Services Family Bridges program. The term of the agreement is November 1, 2001, through October 31, 2006, with a maximum amount payable of $121,929.36 for the multi- year term (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13202) 3.35 * Q Street, Ltd. - Lease Agreement - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with Q Street, Ltd., for the property located at 873 Mitchell, Oroville. The property will be utilized by the Youth Services Family Bridges program. The term of the agreement is August 1, 2001, through June 30, 2006, with a maximum amount payable of $257,646 for the multi- year term (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13174) 3.36 * Youth For Change - Amendment - Board approval is requested by the Department of Employment and Social Services 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 $72,072 as the result of an increased federal allocation of $72,072 for post-adopted services. Board approval is also requested to accept and appropriate the unanticipated funds - action requested - APPROVE BUDGET TRANSFER B-038 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AUTHORIZE THE AUDITOR TO INCREASE THE ENCUMBRANCE FOR THE AGREEMENT TO $90,754 FOR THE PERIOD OF JANUARY 1, 2001, THROUGH SEPTEMBER 30, 2001; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11697) Page 10 September 11, 2001 Time Item No. 3.37 * Parent Education Network - Board approval is requested by the Department of Employment and Social Services for an agreement with the Parent Education Network for the provision of a 24-hour Parent Talkline to provide support to parents in times of crisis. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $104,673. Funding for the agreement is available utilizing department funds ($20,000) and Frank watters Memorial Trust Fund funds ($84,673), and Board approval is also requested for a budget transfer of the trust fund funds - action requested - APPROVE BUDGET TRANSFER B-036 (4/5 vote required); AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13158) 3.38 * Northern Valley Catholic Social Service - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the agreement with Northern Valley Catholic Social Service for the provision of Cal- Learn Program case management services. The amendment extends the term of the agreement through June 30, 2002, and increases the maximum amount payable by $230,000 (department budget) for fiscal year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11259) 3.39 * City of Oroville - Board approval is requested by the Fire Department for an agreement with the City of Oroville for the provision of dispatch services for the Oroville City Fire Department. The term of the agreement is July 1, 2001, through June 30, 2004. The agreement funds one dispatch clerk position in the Schedule A agreement. The City will pay quarterly payments to the County in arrears pursuant to the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.40 * LDBond & Associates - Board approval is requested by the Department of water Resources for an agreement with LDBond & Associates for consulting services in connection with the Butte Basin water Users Association-Butte County Hydrological Goundwater Model. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $30,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13209) Page 11 September 11, 2001 Time Item No. Miscel- 3.41 * District Attorney Investigator II - Advance Step laneous Hire - pursuant to Personnel Rule Section 11.5b, the District Attorney has requested the Department of Human Resources prepare an agenda item to request Board approval of the advance step hire of a District Attorney Investigator II candidate to Step 4 of the salary range based on education and experience - action requested - APPROVE ADVANCE STEP HIRE OF A DISTRICT ATTORNEY INVESTIGATOR II CANDIDATE TO STEP 4 OF THE SALARY RANGE. 3.42 * District Attorney Investigative Assistant - Out of Sequence Merit Advance - the District Attorney has requested the Department of Human Resources prepare an agenda item requesting Board approval for an out of sequence merit advance for an Investigative Assistant incumbent to Step 5 of the salary range. The incumbent has been performing the duties of an Investigative Assistant since March 1996, and was hired as a Regular Help employee in November 2000. The department is requesting the merit advance be retroactive to March 9, 2001 - action requested - APPROVE OUT OF SEQUENCE MERIT ADVANCE FOR JUSTIN MONACO TO STEP 5 OF THE SALARY RANGE FOR INVESTIGATIVE ASSISTANT, RETROACTIVE TO MARCH 9, 2001. 4.00 Regular A ecr nda 4.01 Appointments - Boards, Commissions, and Committees. * 1. Appointments to listed vacancies. * 2. County Medical Services Program Governing Board - consideration of ballot for current vacancy - action requested - VOTE FOR ALENE TAYLOR, OR PROVIDE WRITE-IN CANDIDATE. 3. California State Association of Counties - action requested - APPOINT DIRECTOR AND ALTERNATE DIRECTOR TO TERMS TO END SEPTEMBER 2002. * 4. Community Transit Advisory Committee - consideration of appointment - action requested - APPOINT MEMBER TO A VACATED TERM TO END JANUARY 1, 2005. Page 12 September 11, 2001 Time Item No. 4.02 Update on legislative and budget activities. (CHIEF ADMINISTRATIVE OFFICER) 4.03 Presentation to the Board - presentation of a $2,500 donation from the Rotary Club of Chico to the Board for the Butte County Library - action requested - PURSUANT TO GOVERNMENT CODE SECTION 25355, ACCEPT DONATION AND AUTHORIZE A CERTIFICATE OF APPRECIATION. (BOB LINSCHEID, ROTARY CLUB OF CHICO) 4.04 Research and Business Park - Report to the Board - presentation of a report on the process of implementing the Research and Business Park General Plan designation - action requested - PROVIDE BOARD DIRECTION TO STAFF CONCERNING THE DESIRED COURSE OF ACTION, AND WHETHER STAFF SHOULD INITIATE COUNTY ACTION IN SUPPORT OF A GENERAL PLAN AMENDMENT AND REZONE. (DEVELOPMENT SERVICES [FROM 8-28-01/4.07]) 4.05 * Presentation to the Board - State Fair Exhibit Gold Ribbon - presentation of a Gold Ribbon, signifying a first place award for Butte County's exhibit at the California State Fair - action requested - ACCEPT AWARD. (TREASURER-TAX COLLECTOR) Page 13 September 11, 2001 Time Item No. 4.06 * Resource Conservation District (RCD) -consideration of recommendations of the Department of water and Resource Conservation regarding the formation of the Butte County Resource Conservation District - action requested: A. DECLARE INTENT TO ADOPT THE FOLLOWING STAFF RECOMMENDATIONS REGARDING THE FORMATION OF THE BUTTE COUNTY RESOURCE CONSERVATION DISTRICT: 1) PROVIDE THAT GENERAL LIABILITY INSURANCE SHALL BE PROVIDED FOR THE RCD UNDER THE COUNTY'S INSURANCE UMBRELLA, AS PROVIDED FOR ALL COMMISSIONS AND COMMITTEES APPOINTED BY THE BOARD OF SUPERVISORS; 2) PROVIDE THAT FISCAL MANAGEMENT OF A MAXIMUM OF $6,000 ANNUALLY, UP TO $30,000 TOTAL FOR START-UP ACTIVITIES, BE PROVIDED THROUGH THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION BUDGET; 3) PROVIDE THAT FUNDING FOR FISCAL MANAGEMENT OF FUTURE GRANT FUNDING AND OTHER INDIRECT COSTS ASSOCIATED WITH SUCH FUNDING BE INCLUDED IN ALL GRANT APPLICATIONS; AND 4) PROVIDE THAT THE COUNTY PROVIDE FOR IN-KIND SERVICES FOR THE FIRST FIVE YEARS AFTER THE FORMATION OF THE RCD THROUGH THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION; AND B. ADOPT THE PROPOSED RESOLUTION, SUPERCEDING RESOLUTION NO. 01-040, WHICH ELIMINATES THE APPOINTMENT OF "ASSOCIATE DIRECTORS" IN THE FORMATION OF A RESOURCE CONSERVATION DISTRICT AND ALLOWS FOR FIVE DIRECTORS, ONE FROM EACH SUPERVISORIAL DISTRICT, AND AUTHORIZE THE CHAIR TO SIGN. (WATER AND RESOURCE CONSERVATION) Page 14 September 11, 2001 Time Item No. 4.07 A MATTER ON WHICH A PUBLIC HEARING HAS BEEN HELD AND A MOTION OF INTENT ADOPTED (THIS ITEM TO BE HEARD SIMULTANEOUSLY, OR FOLLOWING AGENDA ITEM 5.02) - Lee Colby - General Plan Amendment and Rezone - consideration of a General Plan Amendment from an "Agricultural Residential" General Plan designation to a "Low Density Residential" General Plan designation, and a rezone from SR-1 (Suburban Residential - 1 acre parcels) to R-1 (Residential). This is an item on which a notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. The project is located within the Durham-Dayton-Nelson Plan (D2N) area, and located east of, and adjacent to Goodspeed Street, at the intersection of Serviss Street and Goodspeed Street, approximately .6 miles south of the intersection of Durham-Dayton Highway and Goodspeed Street, in the Durham area, and identified as APN 040-280-106 and 107. File No. GPA/RZ 00-06 (DB) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: 1. APPROVE THE GENERAL PLAN AMENDMENT AND REZONE PROJECT; 2. SUBJECT TO FINDINGS II (1-5) AS DETAILED IN THE STAFF REPORT DATED JUNE 26, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; 3. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR 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 THE UNITED STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT OF 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; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR, CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; \ (Continued on Page 16) Page 15 September 11, 2001 Time Item No. 4.07 4. SUBJECT TO FINDINGS IV (A-F) AND V(A-B) AS (Cont.) DETAILED IN THE STAFF REPORT DATED JUNE 26, 2001, FIND THAT THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358, AND ADOPT A JOINT RESOLUTION AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FROM AN "AGRICULTURAL RESIDENTIAL" GENERAL PLAN DESIGNATION TO A "LOW DENSITY RESIDENTIAL" GENERAL PLAN DESIGNATION, AND AMENDING THE DURHAM-DAYTON-NELSON PLAN MAP FROM AN "AGRICULTURAL RESIDENTIAL" GENERAL PLAN DESIGNATION TO A "LOW DENSITY RESIDENTIAL" GENERAL PLAN DESIGNATION; AND ADOPT AN ORDINANCE REZONING PROPERTY OWNED BY LEE. B. COLBY, AND IDENTIFIED AS APN 040-280- 106 AND 107, FROM SR-1 (SUBURBAN RESIDENTIAL - 1 ACRE PARCELS) TO R-1 (RESIDENTIAL), SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ZONING ORDINANCE AS EXHIBIT "A" OF THE STAFF REPORT DATED JUNE 26, 2001, AND AUTHORIZE THE CHAIR TO SIGN. (DEVELOPMENT SERVICES/FROM 6-26-O1 [5.02]) 4.08 * Board Discussion - discussion on the effects of electricity rates on California businesses, and consideration of recommendations contained in a letter from Thomas Pevehouse, Utilities Manager for Economic Development, Riverside Public Utilities - action requested - BOARD DISCUSSION AND DIRECTION. (SUPERVISOR BEELER) Page 16 September 11, 2001 Time Item No. 4.09 * Mentally Ill Offender Crime Reduction Grant: A. Board approval is requested by the Sheriff- Coroner, the Butte County Department of Behavioral Health, the Probation Department, and the District Attorney, to accept funding in the amount of $2,877,498 from the California Board of Corrections under the Mentally Ill Offender Crime Reduction Act for a research program. The term of the grant is July 1, 2001, through June 30, 2004. The program will provide an enhanced service continuum for 75 mentally ill and/or dually diagnosed offenders for the purpose of reducing recidivism and crime. The total grant amount is 2,877,498, and Board approval is requested to appropriate $960,960 into the Sheriff's budget for fiscal year 2001-2002. Board approval is also requested to: 1) approve a transfer of $152,592 in Short-Doyle Medi-Cal FFP funds to Behavioral Health; 2) approve the purchase of four vehicles for the program with an average cost of $20,000 each; and, 3) increase the Utilities ISF account by $6,000. Staff will also be added in support of this program - action requested - APPROVE BUDGET TRANSFER B-045 (4/5 vote required) ACCEPTING AND APPROPRIATING $960,960 INTO THE SHERIFF'S BUDGET, AND ACCEPTING AND APPROPRIATING $152,592 INTO THE BEHAVIORAL HEALTH BUDGET; APPROVE FIXED ASSET PURCHASE OF FOUR VEHICLES WITH AN APPROXIMATE COST OF $20,000 EACH; AND APPROVE AN INCREASE IN THE UTILITIES ISF ACCOUNT OF $6,000. (Continued on Page 18) Page 17 September 11, 2001 Time Item No. 4.09 B. Introduction of a Salary Ordinance Amendment - (Cont.) the Department of Human Resources has prepared a salary ordinance amendment which adds staff in support of the Mentally Ill Offender Crime Reduction project as follows: District Attorney - adds one half-time flexibly staffed position of Deputy District Attorney IV/III/II/I; Sheriff-Coroner-Corrections - adds two positions of Deputy Sheriff, and one position of Administrative Services Assistant; Probation - adds two flexibly staffed positions of Probation Officer III/II/I; and Behavioral Health - adds one position of Supervisor-Mental Health Clinician, two flexibly staffed positions of Mental Health Clinician II/I, three and one-half flexibly staffed positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, one flexibly staffed position of Medical Records Technician II/I, one flexibly staffed position of Accounting Specialist/Senior Account Clerk/Account Clerk, and one flexibly staffed position of Office Assistant III/II/I. All positions have a sunset date of June 30, 2004 - action requested - WAIVE READING OF THE ORDINANCE. (BEHAVIORAL HEALTH/SHERIFF) 4.10 Items removed from the Consent Agenda for Board consideration and action. Page 18 September 11, 2001 Time Item No. 5.00 Public Hearincrs and Timed Items 10:30 A.m. 5.01 * Continued Timed Item - Environmental Impact Report (EIR) - Chico Urban Area Nitrate Compliance Plan - consideration of the adoption of a proposed Final Environmental Impact Report for the Chico Urban Area Nitrate Compliance Plan. Under the Chico Urban Area Nitrate Compliance Plan nearly 7,800 units are proposed to be converted from on-site septic systems to conventional sewer. The project is located within the Chico urban area, including areas north and south of Lindo Channel, within the City of Chico, and the unincorporated area of Butte County - action requested - ADOPT THE RESOLUTION CERTIFYING THAT AN EIR FOR THE CHICO URBAN AREA NITRATE COMPLIANCE PLAN WAS PREPARED IN COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTING THE FINDINGS CONCERNING ENVIRONMENTAL IMPACTS OF THE NITRATE COMPLIANCE PLAN, ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, AND ADOPTING A MITIGATION MONITORING PROGRAM AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT STAFF TO SUBMIT THE EIR DOCUMENTS TO THE STATE BOARD TO SUPPORT THE COUNTY' S RELATED LOAN AND GRANT APPLICATIONS. (FROM 6-26-O1 [5.01]) Page 19 September 11, 2001 Time Item No. 10:35 A.m. 5.02 * Public Hearing - Keith and Cheryl Anderson, and Greg and Linda Anderson - General Plan Amendment and Rezone - consideration of a general plan amendment from Orchard and Field Crops to Commercial and a rezone from A-40 (Agriculture - 40 acre parcels) to C-1 (Light Commercial). This is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. The area proposed for the general plan amendment and rezone encompasses seven acres, although approximately five acres of that area will remain in walnut orchards. The applicants propose to construct a 3,000 square-foot building where agricultural products produced in Butte County will be sold. The agricultural products to be sold include both fresh and packaged items, such as vegetables, fruits, nuts, rice and grains. The building will also contain a deli where sandwiches, snacks, and drinks will be sold. The sale of wine is proposed. The applicants also propose to provide picnic areas in the orchard area on the site. The proposed commercial use will be open daily from approximately 8:00 a.m. to 9:00 p.m., throughout the year. Access to the site will be from a new driveway off of B Street, approximately 220 feet west of State Route 99. No direct access to State Route 99 is proposed. To restrict the type of commercial use allowed on the site to what is proposed by the applicants, and to prevent any land divisions from occurring, conditions of the project prohibit any commercial use other than what is proposed by the applicant and prohibits any land divisions. The project encompasses two existing parcels of record: APN 022-170-060 (0.83 acres) and a 6.16 acre portion of APN 022-170-066 (80.41 acres). The property is located on the northwest corner of State Route 99 and B Street, east of Biggs (File No. GPA/RZ O1-03 [SB]) - action requested - THE PLANNING COMMISSION RECOMMENDS THE BOARD APPROVE THE GENERAL PLAN AMENDMENT AND REZONE, AND TAKE THE FOLLOWING ACTIONS: 1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 11, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; (Continued on Page 21) Page 20 September 11, 2001 Time Item No. 5.02 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT (Cont.) IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR 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 MOST, IF NOT ALL, OF THE NATIVE VEGETATION ON THE PROJECT SITE HAS BEEN REMOVED DUE TO THE LONG-TERM USE OF THE SITE FOR AGRICULTURAL PURPOSES. 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 THE 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; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR, CONFLICT WITH THE PROVISION OF AN ADOPTED HABITAT CONSERVATION PLAN; 3. SUBJECT TO FINDINGS III(A-P) AS DETAILED IN THE STAFF REPORT DATED SEPTEMBER 11, 2001, FIND THE PROPOSED GENERAL PLAN AMENDMENT IS IN THE PUBLIC INTEREST IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65358 AND ADOPT A JOINT RESOLUTION AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN FROM AN "ORCHARD AND FIELD CROPS" DESIGNATION TO A "COMMERCIAL" GENERAL PLAN DESIGNATION, AND ADOPT AN ORDINANCE REZONING FROM A-40 (AGRICULTURAL - 40 ACRE PARCELS) TO C-1 (LIGHT COMMERCIAL) PROPERTY OWNED BY KEITH AND CHERYL ANDERSON AND GREG AND LINDA ANDERSON, AND IDENTIFIED AS APN 022-170-060 AND 066 (PORTION), SUBJECT TO THE CONDITIONAL ZONING AGREEMENT ATTACHED TO THE ORDINANCE CONTAINED IN THE STAFF REPORT DATED SEPTEMBER 11, 2001, AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-14-O1 [3.06]) Page 21 September 11, 2001 Time 10:50 A.M. 11:00 A.M. Item No. 5.03 * Public Hearing - Franchise Processing Cost Fees - consideration of an ordinance adding Article XV entitled "Franchise Processing Cost Fees", comprised of Section 3-140, entitled "Franchise Processing Costs" to Chapter 3 of the Butte County Code, to read as follows: Section 3-140. Franchise processing costs. For new franchise awards, franchise transfers, and/or franchise renewals, except for those franchise awards, franchise transfers and/or franchise renewals wherein negotiations commenced prior to September 11, 2001, costs to be borne by the grantee, unless otherwise specified in the grantee's franchise, shall include, but shall not be limited to, all costs incurred for publication of any notice of a public hearing on the franchise award, transfer, or renewal, all costs incurred in the development and publication of relevant ordinances or agreements, and any cost not covered by the application fees but reasonably incurred by the county in its study preparation of proposal solicitation documents, and evaluation of applications, including, but not limited to, consultants and attorney's fees and county staff time." - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. 5.04 Timed Item - Recess to Closed Session - recess to closed session items as listed in 7.00. 6.00 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) 7.00 Closed Session 7.01 CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY; EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA (SOCIAL SERVICES WORKERS' UNIT); BUTTE COUNTY PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY SHERIFFS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT). Page 22 September 11, 2001 Time Item No. 7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) Laroe Moak Trust v. County of Butte (Superior Court Case No. 124994). 7.03 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. 7.04 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: APN 039-430-124-000; AGENCY NEGOTIATOR: MIKE CRUMP; NEGOTIATING PARTIES: COUNTY OF BUTTE, CLAY AND FAYE MCGOWAN; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. 7.05 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: 3514 HICKS LANE, CHICO (APN 007-240-078); AGENCY NEGOTIATOR: BRUCE ALPERT; NEGOTIATING PARTIES: COUNTY OF BUTTE AND LAURA PAISLEY; UNDER NEGOTIATION: PRICE AND TERMS OF PAYMENT. A copy of the agenda and supporting material provided to the Board of Supervisors members to explain each agenda item (excluding documents that are not a public record within the meaning of the Public Records Act) is available in the Administrative Office for your review. Please do not remove items from this file. A copy can be made for you at a charge to cover costs. The list of communications included with the agenda packages is not comprehensive. Additional communications to the Board of Supervisors may have been received but not included in the agenda supporting material. Copies of all communications received by the Board of Supervisors (excluding documents that are not a public record within the meaning of the Public Records Act) are available at the Administrative Office upon request. An "*" appearing before an agenda item in the agenda signifies that material has been provided to the Board of Supervisors members to explain this item. 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 must be made 48 hours prior to the meeting. Page 23 September 11, 2001