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September 24, 2002
Time Item No.
9:00 A.M. 1.00
2.00
2.01
2.02
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
Call to Order - Board of Supervisors Room, County
Administration Building, 25 County Center Drive, Oroville.
Pledge of Allegiance to the Flag of the United States of
America.
Invocation - Pastor Steve Grandy, Jubilee on the Ridge,
Paradise.
Changes and/or corrections to the agenda.
3.00 Consent Agenda
Budget 3.01 * Budget Transfers - action requested - APPROVE BUDGET TRANSFERS
Transfers B-052 (COUNTY SERVICE AREA NO. 82); B-048 (COUNTY SERVICE AREA
NO. 31); AND B-045 (INMATE WELFARE FUND). (All budget
transfers listed above require a 4/5 vote.)
Donations 3.02 Library Donations - pursuant to Government Code Section 25355,
donations of $1,000 from the Paradise Friends of the Library,
$894.60 from the Oroville Friends of the Library, $100 from
Maxine and Hubert Davis of Paradise, and $100 from the Chico
Mothers Club have been received for the Butte County Trust
Fund for the purchase of books - action requested - ACCEPT
DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION.
Appoint- 3.03 Durham Irrigation District - action requested - APPOINT GARY
ments WOLF, DIRECTOR-DIVISION 1, TO A VACATED TERM TO END
DECEMBER 6, 2002.
Time Item No.
3.04 * Special Districts - Appointments in Lieu of Elections - the
County Clerk-Recorder-Registrar of Voters submits notice of
those districts wherein the number of persons filing a
declaration of candidacy for the November 5, 2002, election
did not exceed the number of offices to be filled. Pursuant
to California Elections Code Section 10515, the Board is to
make appointments for these agencies - action requested -
APPOINT AND DECLARE ELECTED BRUCE F. LEWIS AND JAMES PATRICK
POOL, DIRECTORS, EL MEDIO FIRE PROTECTION DISTRICT; DEE
HUNTER, DIRECTOR-DIVISION 1, JEAN BROWN, DIRECTOR-DIVISION 3,
AND LOU CECCHI, DIRECTOR-DIVISION 5, OROVILLE WYANDOTTE
IRRIGATION DISTRICT; KENNETH E. MEDFORD, DIRECTOR-DIVISION 1
(2 YEAR TERM), AND ERNIE REYNOLDS, DIRECTOR-DIVISION 5,
THERMALITO IRRIGATION DISTRICT; JACK J. BALL, JOHN J. "JACK"
KIELY, AND ROBERT "BOB" SIMPSON, DIRECTORS, LAKE OROVILLE AREA
PUBLIC UTILITIES DISTRICT; ANDREW T. HOLCOMBE, JEFF R. SMITH,
AND JAN SNEED, DIRECTORS, CHICO AREA RECREATION AND PARK
DISTRICT; ROY FARRELL, DIRECTOR, DURHAM RECREATION AND PARK
DISTRICT (2 YEAR TERM); VERNON CARTER AND VENE THOMPSON,
DIRECTORS, FEATHER RIVER RECREATION AND PARK DISTRICT; DIANNE
HARMACEK, LES JOHNSON, AND ALBERT "AL" MCGREEHAN, DIRECTORS,
PARADISE RECREATION AND PARK DISTRICT; AND ONOFRE FARFAN, ERIC
LUNDBERG, AND GERALD MATTSON, DIRECTORS, RICHVALE RECREATION
AND PARK DISTRICT. UNLESS NOTED, ALL APPOINTMENTS ARE FOR 4
YEAR TERMS.
3.05 * California State Association of Counties-Excess Insurance
Authority Board of Directors - action requested - APPOINT BILL
CURRY, GENERAL SERVICES DIRECTOR, ALTERNATE REPRESENTATIVE.
Land Use 3.06 * Twin Palms Subdivision - Final Map - Twin Palms Subdivision,
APN 040-040-005 and 006, is a conditionally approved 24-lot
public street subdivision located on the north side of Entler
Avenue, approximately 2,000 feet east of the Midway, in the
south Chico area. The developer has complied with the
conditions of approval, completed construction of the required
improvements or has provided a surety bond or letter of credit
to guarantee the construction of the required improvements not
yet complete, and has provided a surety bond or letter of
credit to guarantee the maintenance of the improvements for
one year - action requested - APPROVE FINAL MAP; ACCEPT, ON
BEHALF OF BUTTE COUNTY, SEGA DRIVE, PHENDX DRIVE, RHAPIS
DRIVE, ENTLER AVENUE, AND THE ACCESS RELINQUISHMENT ALONG THE
ENTLER AVENUE FRONTAGES AS OFFERED FOR DEDICATION IN THE
OWNER'S STATEMENT; ACCEPT, ON BEHALF OF THE PUBLIC, THE PUBLIC
SERVICE EASEMENTS AND FIRE PROTECTION FACILITIES EASEMENT AS
OFFERED FOR DEDICATION IN THE OWNER'S STATEMENT; AND AUTHORIZE
THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT.
Page 2 September 24, 2002
Time Item No.
Fixed 3.07 * Ratify Emergency Purchase - Board approval is requested by
Assets and Facilities Services and the District Attorney to ratify the
Facilities emergency purchase of air conditioning equipment for the
District Attorney's computer room in the amount of $7,934.
The emergency purchase was needed to replace equipment which
failed and was beyond economic repair. Board approval is also
requested to transfer the funding needed for the purchase from
the Appropriation for Contingencies to the District Attorney's
budget - action requested - RATIFY EMERGENCY PURCHASE OF AIR
CONDITIONING EQUIPMENT IN THE AMOUNT OF $7,934; AND APPROVE
BUDGET TRANSFER B-047 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE.
3.08 * Evidence Tracking Software Upgrade - Board approval is
requested by the Sheriff's Office to purchase a software
upgrade for the evidence tracking system in the amount of
$25,055. The upgrade will allow outside agencies to access
the status of property in the evidence facility. The Sheriff
is proposing to utilize Local Law Enforcement Block Grant
Funds to purchase the system, and Board approval is requested
for a budget transfer to provide the necessary funding. The
existing system was designed by QueTel, and Board approval is
also requested for a sole source justification to provide
consistency and integration with the current system. Annual
software maintenance support costs are estimated at $2,500 per
year - action requested - APPROVE SOLE SOURCE PURCHASE OF
SOFTWARE UPGRADE; APPROVE BUDGET TRANSFER B-053 (4/5 vote
required); AND APPROVE UPGRADE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER.
3.09 * Award of Bid No. 06-03 - Vehicle Lease - Board approval is
requested by the Sheriff's Office to award Bid No. 06-03 for
the lease/purchase of a 2002 Ford F350 XLT to New Jackson
Ford/Mercury in Martell, California, in the amount of $700.69
per month for 48 months. The vehicle will be used by the
Sheriff's Office Marine Unit in support of the State of
California-Department of Boating and Waterways Grant program -
action requested - AWARD BID TO LOWEST BIDDER, NEW JACKSON
FORD/MERCURY IN MARTELL, CALIFORNIA; AUTHORIZE PURCHASING
SERVICES TO ISSUE AWARD LETTER; AND AUTHORIZE THE SHERIFF'S
OFFICE TO ENTER INTO A LEASE-PURCHASE AGREEMENT SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Audit 3.10 * Monthly Investment Report - the Treasurer-Tax Collector
and submits the August 30, 2002, report in accordance with the
Finance Butte County Statement of Investment Policy dated
July 1, 2002 - action requested - ACCEPT FOR INFORMATION.
Page 3 September 24, 2002
Time Item No.
3.11 * Development Services Department - Budget Unit Revisions -
Board approval is requested by the Development Services
Department to delete budget unit divisions 440-002-Development
Services-Building Inspection, and 480-001-Development
Services-Planning Division, and to transfer those budget units
to the 440-001-Development Services-General budget unit.
Combining the budget units is part of the reorganization of
the Development Services Department and will provide more
cohesion throughout the department and greater flexibility
with staffing and funding resources. Under this financial
reorganization Fund 90-Building Inspections will be eliminated
with all revenue to be transferred to Fund 10-General Fund -
action requested - APPROVE BUDGET TRANSFER B-051 TRANSFERRING
ALL APPROPRIATIONS FROM BUDGET UNITS 440-002 AND 480-001 INTO
BUDGET UNIT 440-001, EFFECTIVE OCTOBER 12, 2002.
3.12 * Tax Exchange Agreement - Lake Oroville Area Public Utility
District and the County of Butte (File No. 03-06) - the Local
Agency Formation Commission has received an application for
annexation to the Lake Oroville Area Public Utility District.
Pursuant to Revenue and Taxation Code Section 99-99.2, a
property tax exchange agreement between the District and the
County is submitted for Board approval. The Lake Oroville
Area Public Utility District's Board of Directors has
certified that the change in organization will be revenue
neutral to each affected agency - action requested - APPROVE
TAX EXCHANGE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
3.13 * Domestic Preparedness Equipment Grant Funds Transfer - Board
approval is requested by the Fire Department to re-appropriate
fiscal year 2001-2002 Domestic Preparedness Equipment Grant
funds in the amount of $46,426 into the fiscal year 2002-2003
budget, and to re-allocate $40,231.32 into the department's
expenditure account 541 for fiscal year 2002-2003 - action
requested - APPROVE BUDGET TRANSFER B-050 (4/5 vote required)
ACCEPTING AND APPROPRIATING PRIOR YEAR GRANT FUNDS.
3.14 * Equipment Replacement Fund-Fire Protection - Corrections -
Board approval is requested by the Auditor-Controller to
appropriate fire truck acquisition loan proceeds to the
appropriate accounts to provide the funding needed to purchase
the remaining fire engines approved for purchase in fiscal
year 2001-2002 - action requested - APPROVE BUDGET TRANSFER
B-056 (4/5 vote required) APPROPRIATING FIRE TRUCK ACQUISITION
LOAN PROCEEDS IN THE AMOUNT OF $1,133,830 FROM THE EQUIPMENT
REPLACEMENT FUND DESIGNATED FUND BALANCE-FIRE TRUCKS TO
175002, ACCOUNT 563; AND APPROPRIATING AN ADDITIONAL $7,737
FROM DESIGNATED FUND BALANCE-FIRE TRUCKS AND TRANSFERRING
$310,000 FROM 175002, ACCOUNT 563 TO ACCOUNT 553100-DEBT
SERVICE-PRINCIPAL ($263,875) AND ACCOUNT 553200-DEBT SERVICE-
INTEREST (53,862).
Page 4 September 24, 2002
Time Item No.
Ordinances 3.15 * Resolution to Amend the Salary Ordinance - the Department of
and Human Resources has prepared a resolution to amend the salary
Resolutions ordinance as follows: DEVELOPMENT SERVICES DEPARTMENT -
transfers all positions within the budget units 440-002-
Development Services-Building Inspection and 480-001-
Development Services-Planning to the budget unit 440-001-
Development Services, effective October 12, 2002, in support
of the department's reorganization. PUBLIC HEALTH-GENERAL
SERVICES - deletes one sunset position of Administrative
Services Assistant (end date 6-30-03) and adds one flexibly
staffed sunset position of Administrative Analyst III/II/I
(end date of 6-30-03). The positions being added and deleted
are funded by the Butte County Children and Families
Commission. EMPLOYMENT AND SOCIAL SERVICES-ADMINISTRATION -
reclassifies one position of Paralegal to Deputy Public
Guardian/Public Administrator I, and transfers the position to
the Public Guardian Division (570-008) - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.16 * Resolution Changing Selection Criteria for the Butte County
Resource Conservation District Directors - consideration of a
resolution which will change the selection criteria for
appointment of Directors to the Butte County Resource
Conservation District from "one from each supervisorial
district" to "one director being nominated by each member of
the Board", and requesting the Local Agency Formation
Commission change its selection criteria to match the
County's - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
3.17 * Resolution Changing Name of Farm and Home Advisor Department
to Farm, Home and 4-H Department - action requested - ADOPT
RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.18 * Resolution to Promote the Reading of The Grapes of Wrath -
action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO
SIGN.
3.19 * Resolution Proclaiming September National 5-A-Day Month, and
September 22-28, 2002, National 5-A-Day Week - consideration
of a resolution promoting the consumption of five or more
servings of fruits and vegetables per day - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.20 * Resolution in Support of Dedicating the Conference Room of the
Gridley Library in Memory of Nora Wiley - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.21 * Resolution in Recognition of the Greater Oroville Homeless
Coalition - action requested - ADOPT RESOLUTION AND AUTHORIZE
THE CHAIR TO SIGN.
Page 5 September 24, 2002
Time Item No.
Roads 3.22 * Resolution Declaring a Stop Sign Intersection on Zink Road at
and Bald Rock Road - Board approval is requested by the Public
Landfill Works Department for a resolution which would create a stop
sign intersection at Zink Road and Bald Rock Road - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN;
AND DIRECT THE DIRECTOR OF PUBLIC WORKS TO INSTALL LEGAL STOP
SIGNS AT THE APPROPRIATE ENTRANCES THERETO.
3.23 * Cathode Ray Tube Disposal - the Public Works Department
submits a report to update the Board on issues at the Butte
Regional Household Hazardous Waste Facility, in particular the
management of items containing Cathode Ray Tubes - action
requested - ACCEPT FOR INFORMATION.
3.24 * Speedway Avenue Extension - NorthStar Engineering, Inc. -
Board approval is requested by the Public Works Department for
an agreement with NorthStar Engineering, Inc., for engineering
consulting services for the preliminary design of the Speedway
Avenue Extension (County Project No. 50255-C99-1) with a
maximum amount payable of $52,660 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF
PUBLIC WORKS TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Agreements 3.25 * Paul McIntosh - Employment Agreement - Amendment - submitted
and for Board consideration is an amendment to the employment
Grants agreement with Paul McIntosh to serve as the Chief
Administrative Officer. The amendment increases the
reimbursement amount for relocation expenses by $3,400
(Administrative Office budget). All other terms and
provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
3.26 * State of California-Department of Food and Agriculture - Board
approval is requested by the Agricultural Commissioner for a
revenue agreement with the State of California-Department of
Food and Agriculture for funds to place and service traps for
the detection of the Olive Fruit Fly. The term of the
agreement is July 1, 2002, through June 30, 2003, with a
maximum amount payable to the County of $20,000 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. R40485)
Page 6 September 24, 2002
Time Item No.
3.27 * State of California-Department of Mental Health - Substance
Abuse and Mental Health Administration Program - Board
approval is requested by the Butte County Department of
Behavioral Health for a renewal grant application to the State
of California-Department of Mental Health for $440,733 in
grant funds from the Substance Abuse and Mental Health
Services Administration Block Grant. The funds will be
utilized to provide integrated services to adults and children
who are emotionally disturbed. The term of the grant is
July 1, 2002, through June 30, 2003 - action requested -
APPROVE GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND ADOPT RESOLUTION AUTHORIZING ACCEPTANCE OF
FUNDS AND PARTICIPATION IN GRANT PROGRAM AND AUTHORIZE THE
CHAIR TO SIGN.
3.28 * 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 services for individuals from the Oroville
area who have mental illness. The amendment increases the
maximum amount payable by $5,299 (department budget) for
fiscal year 2002-2003, adds a provision for the leasing of
space in the Oroville area and installation of a phone, and
revises the program budget to include fiscal year 2002-2003.
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. X13609)
3.29 * Sunbridge Healthcare Corporation d.b.a. Chico Creek Care &
Rehabilitation - Board approval is requested by the Butte
County Department of Behavioral Health for an agreement with
Sunbridge Healthcare Corporation d.b.a Chico Creek Care &
Rehabilitation for the provision of meals for patients in the
Psychiatric Health Facility. The term of the agreement is
July 1, 2002, through June 30, 2003, with a maximum amount
payable of $48,272 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X13806)
Page 7 September 24, 2002
Time Item No.
3.30 * Prevention Education Program - Board approval is requested by
the Butte County Department of Behavioral Health for a revenue
agreement with Prevention Education Program for funds to
evaluate the Drinking Driver Program, Prevention Education
Program. The evaluations of the program will be done by
Lifestyle Management & Associates. The term of the agreement
is July 1, 2002, through June 30, 2003, with a maximum amount
payable to the County of $1,250. Board approval is also
requested for a budget transfer to accept and appropriate the
unanticipated revenue - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-057 (4/5 vote required).
3.31 * Solutions - Board approval is requested by the Butte County
Department of Behavioral Health for a revenue agreement with
Solutions for funds to evaluate the Drinking Driver Program,
Solutions. The evaluations of the program will be done by
Lifestyle Management & Associates. The term of the agreement
is July 1, 2002, through June 30, 2003, with a maximum amount
payable to the County of $1,250. Board approval is also
requested for a budget transfer to accept and appropriate the
unanticipated revenue - action requested - APPROVE AGREEMENT
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET
TRANSFER B-046 (4/5 vote required).
3.32 * Saint Helena Hospital d.b.a. California Speciality Hospital -
Amendment - Board approval is requested by the Butte County
Department of Behavioral Health (BCDBH) for an amendment to
the agreement with Saint Helena Hospital d.b.a. California
Speciality Hospital for the provision of inpatient
hospitalization services for adolescents referred by BCDBH.
The amendment extends the term of the agreement through
June 30, 2003, adds an inclusive rate schedule, and provides
language to allow projected rate increases as accepted by the
California Department of Mental Health. 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. X13531)
3.33 * Accularm Security Systems - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with Accularm Security
Systems for the provision of alarm equipment and monthly
monitoring services for various Youth Services Division
locations. The proposed amendment will extend alarm services
to an additional site located at 2430 Bird Street, Oroville,
and increases the maximum amount payable by $685 (department
budget). All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X11674)
Page 8 September 24, 2002
Time Item No.
3.34 * 7th Avenue Center - Board approval is requested by the Butte
County Department of Behavioral Health (BCDBH) for an
agreement with 7th Avenue Center for the provision of 24-hour
skilled nursing services to BCDBH clients. The term of the
agreement is July 1, 2002, through June 30, 2003, with a
maximum amount payable of $93,885 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X13796)
3.35 * 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 15, 16, 17 and 20, Chico.
The property is utilized by the Youth Services Division. The
term of the agreement is November 1, 2002, through
April 30, 2012, with a maximum amount payable of $1,297,865.66
for the multi-year term. The maximum amount payable for
fiscal year 2002-2003 is $95,777 (department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X13808)
3.36 * Butte County Department of Employment and Social
Services/Butte County Probation Department/Butte County
Department of Behavioral Health - Memorandum of
Understanding - Board approval is requested by the Butte
County Department of Behavioral Health (BCDBH) for a
Memorandum of Understanding with the Department of Employment
and Social Services and the Probation Department for the
provision of BCDBH staff and services to detainees in the
Butte County Juvenile Hall. The term of the agreement is
July 1, 2002, through June 30, 2003, with a maximum amount
payable to BCDBH of $79,796 ($55,848-Department of Employment
and Social Services and $23,948-Probation Department) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X13795)
3.37 * Loumark Associates - Board approval is requested by the Butte
County Department of Behavioral Health for a lease agreement
with Loumark Associates for the property located at 564 Rio
Lindo Avenue, Suites 206, 207 and 208, Chico. The property is
utilized by the Youth Services Chico Community Counseling
Center and will be utilized by the Adult Treatment Court
beginning November 1, 2002. The term of the agreement is
September 1, 2002, through August 31, 2007, with a maximum
amount payable of $241,801.68 (department budget) for the
multi-year term - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13715)
Page 9 September 24, 2002
Time Item No.
3.38 * Butte County Probation 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 Memorandum of
Understanding with the Probation Department for case
management and supervision services for Substance Abuse and
Crime Prevention Act clients. The amendment extends the term
of the agreement through June 30, 2003, increases the maximum
amount payable by $389,938 (department budget), and includes
revised budgets for fiscal year 2002-2003. 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. X13481)
3.39 * Field Tower Systems - Board approval is requested by the
Communications Division to ratify an agreement with Field
Tower Systems for the installation of new guy wires on the
radio tower located at the Chico Substation (479 E. Park
Avenue, Chico). The work was completed in June to repair the
tower which was condemned as unsafe. The Communications
Division had expected to pay for the repairs in fiscal year
2001-2002, but the invoice was not received in time, so
ratification of the agreement is needed. The repairs were
completed at a cost of $6,430.50 (department budget) - action
requested - RATIFY AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13732)
3.40 * Abandoned Vehicle Abatement Service Authority - Revised Joint
Powers Authority Agreement - Board approval is requested by
County Counsel for a revised Joint Powers Authority Agreement.
The Board approved the original agreement on August 27, 2002.
Subsequent to that approval the City of Chico requested a
revision to Paragraph 6 to provide consistency with the
provision that allows each jurisdiction to select its own
representative to the Joint Powers Authority. County Counsel
concurs with this revision and requests the Board approve the
revised agreement - action requested - APPROVE REVISED
AGREEMENT AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO
SIGN; AND DIRECT THE CLERK OF THE BOARD TO SUBSTITUTE THE
REVISED AGREEMENT AS THE CORRECT ATTACHMENT TO THE RESOLUTION
APPROVED AUGUST 27, 2002.
3.41 * Williamson Properties, Inc. - Board approval is requested by
the Fire Department for a lease agreement with Williamson
Properties, Inc., for the property located at 2334 Fair
Street, Chico. The property is utilized by Station 44. The
term of the agreement is October 1, 2002, through
June 30, 2003, with a monthly lease amount of $1,800
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13785)
Page 10 September 24, 2002
Time Item No.
3.42 * City of Chico - Board approval is requested by the Library for
a revenue agreement with the City of Chico for supplemental
funding for the Chico Branch Library. The term of the
agreement is October 1, 2002, through September 30, 2003, and
provides the County with $120,000 to maintain an open-hours
schedule of 60 hours per week at the Chico Branch - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.43 * Medispose - Board approval is requested by the Probation
Department for agreements with Medispose for the removal of
biomedical waste resulting from substance abuse testing. The
department is proposing three agreements which cover the
following three testing facilities: 1) 51 County Center Drive,
Oroville. The term of agreement is July 16, 2002, through
July 15, 2007, with a maximum amount payable of $2,070; 2)
2279 Del Oro Avenue, Oroville. The term of the agreement is
August 13, 2002, through August 12, 2007, with a maximum
amount payable of $4,409.60; and 3) 6555 Oleander Avenue,
Chico. The term of the agreement is August 17, 2001, through
August 16, 2006, with a maximum amount payable of $4,409.60.
Funding for the agreements is available within the
department's budget - action requested - APPROVE THREE (3)
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. (Contract Nos.
X13747, X13789, and X13192)
Miscel- 3.44 * Military Leave Policy - Board approval is requested by the
laneous Department of Human Resources for a resolution which will
extend the military leave benefit policy that coordinates
County pay with military pay for employees called to active
duty to fight the War on Terrorism. The proposed resolution
will extend the benefit for as long as the Board deems
appropriate, or until preempted or disallowed by law - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
3.45 * Request to Extend Temporary Assignment to a Higher Level
Classification - Board approval is requested by the Department
of Employment and Social Services to extend the assignment of
an employee in a higher level classification for up to 90
days. Currently the department has assigned an Office
Assistant II to fill the higher level position of Senior
Account Clerk as a result of the long-term medical leave of
the incumbent. The temporary assignment was extended by the
Director of Human Resources to October 2, 2002, as allowed by
Personnel Rule 11.16. Further extension requires Board
approval - action requested - APPROVE EXTENSION OF TEMPORARY
ASSIGNMENT TO A HIGHER LEVEL CLASSIFICATION FOR AN ADDITIONAL
90 DAYS OR UNTIL INCUMBENT RETURNS FROM MEDICAL LEAVE,
WHICHEVER OCCURS FIRST.
Page 11 September 24, 2002
Time Item No.
3.46 * Personnel Rules - Revisions - Board approval is requested by
the Department of Human Resources for revisions to the
Personnel Rules resulting from contract negotiations with the
Butte County Management Employees Association - action
requested - ADOPT AMENDED BUTTE COUNTY PERSONNEL RULES.
3.47 * Butte County Response to the 2001-2002 Grand Jury Final
Report - pursuant to Penal Code Sections 933 and 933.5, the
Administrative Office submits the County's response to the
findings and recommendations contained in the Butte County
Grand Jury's Final Report for Fiscal Year 2001-2002 - action
requested - APPROVE COUNTY AGENCY RESPONSE TO THE GRAND JURY'S
FINAL REPORT FOR FISCAL YEAR 2001-2002 AND AUTHORIZE THE CHAIR
TO SIGN; AND DIRECT THE ADMINISTRATIVE OFFICE TO SUBMIT THE
RESPONSE TO THE PRESIDING JUDGE OF THE SUPERIOR COURT. (FROM
9-10-02 [4.08])
4.00 Regular Agenda
4.01 Appointments - Boards, Commissions, and Committees.
* 1. Appointments to listed vacancies.
* 2. Service Authority for the Abandoned Vehicle Abatement
Program - action requested - APPOINT REPRESENTATIVE AND
ALTERNATE REPRESENTATIVE. (FROM 8-27-02 [3.17])
4.02 Update on legislative and budget activities. (CHIEF
ADMINISTRATIVE OFFICER)
4.03 * Implementation of the Community Healthcare Ordinance -
consideration of actions and directions to implement the
County Healthcare Ordinance - action requested - DIRECT THAT
THE HEALTH DEPARTMENT IS THE APPROPRIATE DEPARTMENT TO
ADMINISTER THE ORDINANCE; DIRECT THE PUBLIC HEALTH DIRECTOR TO
PROVIDE THE CHIEF ADMINISTRATIVE OFFICER WITH REALISTIC
ESTIMATES OF THE RESOURCES NECESSARY TO FULLY IMPLEMENT THE
ORDINANCE; DIRECT THE CHIEF ADMINISTRATIVE OFFICER TO RETURN
TO A SUBSEQUENT AGENDA RECOMMENDATIONS ON THE PROVISION OF
SUFFICIENT RESOURCES TO IMPLEMENT THE ORDINANCE; AND APPOINT
TWO BOARD MEMBERS TO SERVE ON THE TOBACCO MONIES ADVISORY
COMMISSION. (CHIEF ADMINISTRATIVE OFFICER)
Page 12 September 24, 2002
Time Item No.
4.04 * A Matter on Which a Public Hearing Has Been Held and a Motion
of Intent Adopted - Butte County Department of Development
Services - Rezone - consideration of a Rezone to conform the
zoning of the subject properties to the General Plan, rezoning
from A-5 (Agriculture - 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 three homes on 0.95 acres.
The property is located south of, and adjacent to, State
Route 32, approximately 1/4 mile southeast of Muir Avenue, at
3207 State Route 32. On June 25, 2002, the Board concluded
the public hearing and adopted a motion of intent to deny the
rezone - action requested - SUBJECT TO FINDINGS B(1-12) AS
DETAILED IN THE STAFF MEMORANDUM DATED SEPTEMBER 24, 2002,
DENY REZ 01-02.
4.05 Items removed from the Consent Agenda for Board consideration
and action.
5.00 Public Hearing and Timed Items
10:25 A.M. 5.01 * Public Hearing - Citizens' Option for Public Safety (COPS)
Program Funds - Proposed Spending Plan for Fiscal Year 2002-
2003 State COPS Funds - consideration of the proposed spending
plan for State COPS funds for fiscal year 2002-2003 as
submitted by the District Attorney and Sheriff-Coroner, and as
required by California Government Code Sections 30061-30065 -
action requested - ACCEPT AND APPROVE STATE COPS SPENDING PLAN
SUBMITTED BY THE DISTRICT ATTORNEY AND SHERIFF-CORONER; AND
RATIFY THAT THE FUNDS ARE ALREADY APPROPRIATED WITHIN THE
FISCAL YEAR 2002-2003 FINAL BUDGET TO IMPLEMENT THE SPENDING
PLANS.
10:30 A.M. 5.02 * Public Hearing - Annual County Service Area Per Parcel Service
Charges - consideration of the adoption of the per parcel
service charges for the various County Service Areas for
fiscal year 2002-2003 - action requested - OPEN PUBLIC HEARING
TO ACCEPT ALL OBJECTIONS OR PROTESTS; CLOSE HEARING; AND ADOPT
A RESOLUTION CONFIRMING THE COUNTY SERVICE AREA PER PARCEL
SERVICE CHARGES IN THE COUNTY OF BUTTE FOR FISCAL YEAR 2002-
2003 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-27-02 [3.07])
Page 13 September 24, 2002
Time Item No.
10:35 A.M. 5.03
Public Hearing - Ordinance Amending Section 3-81 and Adding
Section 20-180.3 to the Butte County Code, "Merger of All
Contiguous Parcels into One Single Lot or Parcel of Real
Property" - consideration of an ordinance which will allow
the merger of all contiguous properties under one ownership
into a single lot or parcel of real property - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN.
10:40 A.M. 5.04 * Public Hearing - Floyd Damschen/Gary G. Stokes - Rezone and
Tentative Parcel Map - consideration of a rezone from SR-1
(Suburban Residential - 1 acre parcels) to PUD (Planned Unit
Development) on a 5.9 acre parcel, and a Tentative Parcel Map
to divide the 5.9 acre parcel into three lots: one of 1.3
acres, one of 1.4 +/- acres, and one of 2.1 acres. The PUD
zone is requested because a common leach field is required,
and that necessitates a common ownership area. A 1.5 +/- acre
common ownership area, located on Parcel 3, is proposed for
open space for use by residents of the site and for the leach
field area for Parcels 1 and 2. Domestic water supply would
be obtained from individual on-site wells. Access to the
proposed parcels would be via private driveways from Coyote
Way. Only two new homes could be placed on the project site
as a result of this project because Parcel 3 is already
developed with a single-family dwelling. The Butte County
Public Works Department requires that Coyote Way be widened
from its existing 16-foot width to 20 feet in width (note: the
applicant has requested an exception to the requirement to
widen Coyote Way.) This is a project on which notice of
intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given. The
property is located at the end of Coyote Way, at 652 Coyote
Way, approximately 0.4 miles from the intersection of Stilson
Canyon Road and Coyote Way, east Chico area, and identified as
APN 011-100-013 (SB [REZ 02-02/TPM 02-27]) - action
requested - STAFF RECOMMENDS THAT BOARD TAKE THE FOLLOWING
ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 24, 2002, ADOPT A MITIGATED
NEGATIVE DECLARATION;
(Continued on Page 15)
Page 14 September 24, 2002
Time Item No.
5.04 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT
(Cont.) 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 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 PROVISIONS OF AN ADOPTED
HABITAT CONSERVATION PLAN;
3. SUBJECT TO FINDINGS III(A-D) AS DETAILED IN THE STAFF
REPORT DATED SEPTEMBER 24, 2002, ADOPT AN ORDINANCE
REZONING APN 011-100-013 FROM SR-1 (SUBURBAN
RESIDENTIAL - 1 ACRE PARCELS) TO PUD (PLANNED UNIT
DEVELOPMENT); AND
4. SUBJECT TO FINDINGS IV(A-F) AND THE CONDITIONS OF
APPROVAL AS DETAILED IN THE STAFF REPORT DATED
SEPTEMBER 24, 2002, APPROVE TENTATIVE PARCEL MAP 02-28
FOR FLOYD DAMSCHEN AND GARY STOKES.
11:00 A.M. 5.05 * Public Hearing - Abandonment of a portion of a Public Utility
Easement - Viacom Outdoor has requested abandonment of the
northerly seven feet of an existing twelve foot public utility
easement on property located at the southwest corner of
Glennwood Avenue and State Highway 32 (Nord Avenue), Chico.
The Planning Commission has recommended approval, and on
August 27, 2002, the Board adopted a resolution of intent to
abandon a public service easement - action requested - FIND
THAT THE PUBLIC UTILITY EASEMENT DESCRIBED IN THE PETITION IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC USE; AND ADOPT
A RESOLUTION ABANDONING THE DESCRIBED PORTION OF THE PUBLIC
UTILITY EASEMENT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 8-27-
02 [3.06])
Page 15 September 24, 2002
Time Item No.
11:05 A.M. 5.06 Continued Public Hearing - Raymond Teesdale - Tentative Parcel
Map and Lot Line Adjustment - Appeal - consideration of an
appeal of the Development Review Committee's denial of a
Tentative Parcel Map and Lot Line Adjustment to divide a 46.28
acre parcel into four 10 acre lots and a 6.28 acre remainder
on property zoned A-5 (Agricultural - 5 acre parcels). The
property is located approximately 1,300 feet north of Central
House Road on the west side of the Western Pacific Railroad
tracks, near the intersection of Central House Road and Lone
Tree Road, Oroville, and identified as APN 028-020-054 and 046
(CS [T PM 02-19]) - action requested - STAFF RECOMMENDS THE
BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A AND B) AS DETAILED IN THE STAFF
REPORT DATED AUGUST 27, 2002, FIND THAT THE A-5 ZONE AND
THE PROPOSED PROJECT IS NOT CONSISTENT WITH THE BUTTE
COUNTY GENERAL PLAN; AND
2. DENY THE APPEAL FOR TENTATIVE SUBDIVISION MAP 02-19 FOR
RAYMOND TEESDALE. (FROM 8-27-02 [5.02])
1:30 P.M. 5.07 Timed Item - Butte County General Plan Update Workshop - on
August 27, 2002, the Board authorized County staff and
consultants to begin a technical update of the Butte County
General Plan. The technical update is limited in scope and
designed to update background information for the General
Plan, to consolidate all General Plan elements into a single
document or set of documents, and to ensure the plan's legal
adequacy. The technical update, which is projected to take up
to 21 months, will be followed by a policy update which will
look at more substantive land use and development issues.
Proposed is a presentation covering: 1) basic requirements
for general plans and the role of the general plan in local
planning and land use regulation; 2) elements and structure
of the current Butte County General Plan; and 3) the work
program for the technical update of the Butte County General
Plan - action requested - ACCEPT FOR INFORMATION.
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.
Page 16 September 24, 2002
Time Item No.
7.00 Closed Session
7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c) ONE
POTENTIAL CASE.
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 foryour 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 17 September 24, 2002