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HomeMy WebLinkAboutA100901BOARD 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 October 9, 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 - Ron Summers, Representative, Grace Community Church, Chico. 3.00 Consent A ecr nda Minutes 3.01 * Approval of Minutes - action requested - APPROVE MINUTES OF AUGUST 28, 2001; AUGUST 30, 2001; AND SEPTEMBER 11, 2001. Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET Transfers TRANSFERS B-078 (SHERIFF'S OFFICE); B-079 (SHERIFF'S OFFICE); B-076 (FIRE); AND B-085 (FISCAL YEAR 2001-2002 FINAL BUDGET ADJUSTMENTS). All budget transfers listed above, with the exception of B-076, require a 4/5 vote. Donations 3.03 * Library Donations - in accordance with Government Code Section 25355, donations in the amount of $2, 560 from the Chico Friends of the Library, $1, 867 from the Oroville Friends of the Library, $984 from the Paradise Friends of the Library, $250 from the Chico Area Flyfishers, and $100 from the Bluestockings Book Club have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Time Item No. Appoint- 3.04 * western Canal water District - Appointments in Lieu ments of Election - pursuant to Elections Code Section 10515, the western Canal water District is requesting the Board appoint Lance Tennis and Milton LaMalfa, Trustees, to terms to end December 2, 2005. The district has certified that the number of persons who filed a Declaration of Candidacy did not exceed the number of offices to be filled - action requested - APPOINT LANCE TENNIS AND MILTON LAMALFA, TRUSTEES, TO TERMS TO END DECEMBER 2, 2005. 3.05 * Paradise Memorial Hall Committee - action requested - APPOINT PAUL H. HARMON, DELEGATE, AND PETER E. CARNUTE, ALTERNATE, AMERICAN LEGION POST 259 REPRESENTATIVES, TO VACATED TERMS TO END JUNE 30, 2002. Fixed 3.06 * Department of Child Support Services - Laptop Assets and Computer Purchase - Board approval is requested by Facilities the Department of Child Support Services to purchase a laptop computer in the estimated amount of $2,649. The computer will be utilized by the department's Information Systems Analyst to provide remote and portable access to the department's computer systems. A budget transfer of department funds is also requested to provide funding for the purchase - action requested - APPROVE BUDGET TRANSFER B-075 (4 /5 vote required); AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 3.07 * Southside Oroville Community Center - Contract Change Order (CCO) No. 4 - CCO No. 4, in the increasing amount of $25,886.93 (project funds), provides for equipment, materials and labor to install the gas line, telephone, and electrical conduit from the supply point on Lower Wyandotte Avenue to terminal locations at the rear of the building - action requested - APPROVE CCO NO. 4 AND AUTHORIZE THE CHAIR TO SIGN. Audit and 3.08 * Monthly Investment Report - the Treasurer-Tax Finance Collector submits the August 31, 2001, report in accordance with the Butte County Statement of Investment Policy dated July 1, 2001 - action requested - ACCEPT FOR INFORMATION. 3.09 * United States Department of Justice/United States Department of the Treasury - Federal Annual Certification Report - pursuant to Federal requirements, the Sheriff's Office submits the Federal Annual Certification Report which provides a summary of the equitable sharing activity for the Sheriff's Office Asset Seizure Trust Fund - action requested - APPROVE REPORT AND AUTHORIZE THE CHAIR AND THE SHERIFF-CORONER TO SIGN. Page 2 October 9, 2001 Time Item No. 3.10 * Projects for Assistance in Transition from Homelessness (PATH) - Board approval is requested by the Butte County Department of Behavioral Health to accept and appropriate $15,088 in additional revenue received from the State of California-Department of Mental Health for the State fiscal year 2001-2002 PATH program - action requested - ADOPT RESOLUTION ACCEPTING FUNDS AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-082 (4 /5 vote required) ACCEPTING AND APPROPRIATING THE UNANTICIPATED REVENUE. 3.11 * Transfer of Revolving Fund - Board approval is requested by the Department of Child Support Services for a resolution which would transfer the authority and ownership of a $5,000 revolving fund established for the prepayment of filing fees for certain civil actions, and for advancing the costs involved in levies on writs of Execution. The fund was initially operated under the District Attorney- Family Support Division, and the request for transfer is being made in response to the establishment of the Department of Child Support Services as a separate department - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.12 * County Service Area (CSA) No. 176 - Pheasant Landing Estates, Unit No. 3 - Board approval is requested by the Public works Department for a resolution establishing the maximum service charges for CSA No. 176, Pheasant Landing Estates, Unit No. 3. On August 14, 2001, the Board held a protest hearing and ballot proceeding pursuant to the requirements of Proposition 218, noting that the service charges would be established following the formation of the CSA by the Local Agency Formation Commission. It is anticipated that the Local Agency Formation Commission will approve formation of the CSA on October 4, 2001 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Ordinances 3.13 Adoption of a Salary Ordinance Amendment - the and Local Agency Formation Commission (LAFCo) has Resolutions requested the Department of Human Resources prepare a salary ordinance amendment which increases the annual salary for the LAFCo Executive Officer to $74,550 (an increase of $3,550), retroactive to July 7, 2001. Pursuant to the Memorandum of Understanding between the County and LAFCo, the Board must adopt a salary ordinance to implement the Commission's action - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-25-O1 [3.19]) Page 3 October 9, 2001 Time Item No. 3.14 Adoption of a Salary Ordinance Amendment - the Public works Department has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one flexibly staffed position of Associate Civil Engineer/Associate Engineer/Assistant Engineer, and adds one flexibly staffed position of Associate Surveyor/Assistant Surveyor in response to a recommendation contained in the L.B. Hayhurst Public works Study - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-25-O1 [3.20]) 3.15 Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which creates the position classification of Health Education Specialist III ($14.94 - $18.16), deletes 12 flexibly staffed positions of Health Education Specialist II/I, adds 12 flexibly staffed positions of Health Education Specialist III/II/I, and increases the salary range for the position of Supervising Health Education Specialist ($16.43 - $19.97). The changes are being made to provide staff promotional opportunities and assist in the progression of staff to supervisory positions. with the addition of the new job classification, the Supervising Health Education Specialist salary range was increased to retain the salary spread between supervisory and non- supervisory positions - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-25-O1 [3.21] ) 3.16 * Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Department of Human Resources prepare a salary ordinance amendment which extends the term of one flexibly staffed position of Probation Officer III/II/I, and one term 3/4-time flexibly staffed position of Office Assistant III/II/I to June 30, 2002. The positions support the Serious Habitual Offender Grant Program, and funding for the grant has been renewed through the end of the current fiscal year - action requested - WAIVE READING OF THE ORDINANCE. 3.17 * Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which adds one half-time flexibly staffed position of Office Assistant III/II/I in support of the wellness to work program. The position will be fully funded by State funds - action requested - WAIVE READING OF THE ORDINANCE. Page 4 October 9, 2001 Time Item No. 3.18 * Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which increases the salary of the position of Director of Health Education ($26.24 - $31.89), retroactive to July 8, 2000. The adjustment provides for the 4o cost of living allowance granted July 8, 2000, which was not applied to this position - action requested - WAIVE READING OF THE ORDINANCE. 3.19 * Chico Branch Library - Extension of Hours - Board approval is requested by the Library for a resolution which would extend the hours of operation of the Chico Branch Library from 35 hours per week to 60 hours per week. The increase is a result of a funding agreement with the City of Chico - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.20 * Resolution in Appreciation of District Attorney Chief Investigator Ed Szendrey upon His Retirement from the County of Butte - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.21 * Resolution in Support of Rural Telecommunications for Northern California - the Butte County Economic Development Corporation is requesting the Board adopt a resolution endorsing the formation of a telecommunications coalition, and supporting the efforts and needs of the coalition - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.22 * Resolution Declaring October 15-16, 2001, as Healthy Aging Days in Butte County - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.23 * Resolution to Access Summary Criminal History Information for Employment - Board approval is requested by the Department of Child Support Services for a resolution which will provide authorization to access summary criminal history information for employment, licensing, or certification purposes - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.24 * Resolution Honoring the Lao Veterans of America - Board approval is requested by Supervisor Beeler for a resolution honoring the Lao Veterans of America - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Page 5 October 9, 2001 Time Item No. Agreements 3.25 * Glenn Bruno - Board approval is requested by the and Administrative Office for an amendment to the Grants agreement with Glenn Bruno for the provision of architectural services for the Southside Oroville Community Center. The amendment increases the maximum amount payable by $14,140 (project funds) for the additional work required to add a tenant to the building - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11105) 3.26 * State of California-Department of Alcohol and Drug Programs - Board approval is requested by the Butte County Department of Behavioral Health for a revenue agreement with the State of California-Department of Alcohol and Drug Programs for grant funds in the amount of $74,097 for a Comprehensive Drug Court Implementation Program. The funding for fiscal year 2001-2002 will be utilized to provide intensive Outpatient Treatment, Day Treatment, and increased Residential Treatment for adult participants, as well as program evaluation for Adult and Juvenile Drug Court programs. The term of the grant is December 29, 2000, through December 28, 2004, with a maximum amount payable to the County of $360,745 ($72,149 per fiscal year). Board approval is also requested for a resolution accepting the grant funding, and a budget transfer to accept and appropriate the unanticipated revenue - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; APPROVE GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-080 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 3.27 * Denise Cangiano - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Denise Cangiano for the provision of specialty mental health services within the requirements of Phase II Medi-Cal Speciality Mental Health Consolidation. The agreement is effective July 1, 2001, and will remain in effect until terminated by the County or contractor. There is no maximum amount payable under the agreement. Payment will be made based on services rendered - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 6 October 9, 2001 Time Item No. 3.28 * Crestwood Behavioral Health, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Crestwood Behavioral Health, Inc., for the provision of Institutions for Mental Disease (I.M.D.) Services and Enhancement Services. The amendment extends the term of the agreement through June 30, 2002, and increases the maximum amount payable to $512,769 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.29 * Glenn County Health Services - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for a revenue agreement with Glenn County Health Services for the provision of acute psychiatric inpatient care to Glenn County residents referred to the BCDBH Psychiatric Health Facility. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable to the County of $80,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40338) 3.30 * North Valley Parent Education Network - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with the North Valley Parent Education Network for the provision of case management, assessment, individual, group, and family therapy, rehabilitation, and crisis intervention services to Medi-Cal eligible children from Butte County 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 $326,832 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13233) 3.31 * Sacramento Valley Family Services, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Sacramento Valley Family Services, Inc., for the provision of state-mandated therapeutic behavioral services. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $790,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 7 October 9, 2001 Time Item No. 3.32 * Sacramento Valley Family Services, Inc. - Project Reality - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Sacramento Valley Family Services, Inc., for the provision of drug and alcohol prevention services to youth clients in support of the Project Reality program. The term of the agreement is September 1, 2001, through June 30, 2002, with a maximum amount payable of $68,349 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 3.33 * Butte County Probation Department - Memorandum of Understanding (MOU) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the MOU with the Butte County Probation Department for the provision of drug testing services in support of the Drug Court Program. The amendment expands the target population to include all participants of the Adult Drug Court Program, clarifies the duties and responsibilities of Probation and Behavioral Health, extends the term through June 30, 2002, and increases the maximum amount payable to $38,340 (department budget) for fiscal year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10941) 3.34 * Cabs 4 Kids - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the agreement with Cabs 4 Kids for the provision of transportation services to CalwORKs participants. The amendment increases the maximum amount payable by $12,000 (department budget) for fiscal year 2001-2002, as a result of an increased need for services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X12035) 3.35 * Regents of the University of California-Davis - Board approval is requested by the Department of Employment and Social Services for an agreement with the Regents of the University of California-Davis for the provision of Eligibility Services Training. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $43,500 (university's in-kind contribution $6,525/department budget $36,975) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13181) Page 8 October 9, 2001 Time Item No. 3.36 * Regents of the University of California-Davis - Board approval is requested by the Department of Employment and Social Services for an agreement with the Regents of the University of California-Davis for the provision of Employment Services Training. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $34,800 (university's in-kind contribution $5,220/department budget $29,580) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13179) 3.37 * Catalyst Domestic Violence Services - Board approval is requested by the Department of Employment and Social Services for an agreement with Catalyst Domestic Violence Services for the provision of a Domestic Violence Response Team. The term of the agreement is October 1, 2001, through June 30, 2003, with a maximum amount payable of $244,230 for the multi-year term. Funding for the agreement is available utilizing CalwORKs State Performance Incentive Funds, and Board approval is requested for a budget transfer to appropriate the funds needed for fiscal year 2001-2002 - action requested - APPROVE BUDGET TRANSFER B-074; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13220) 3.38 * Butte County Department of Public Health - Memorandum of Understanding (MOU) - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the MOU with the Public Health Department for the provision of public health nursing services in support of the Alternative Response Public Health Nurse Program. The amendment clarifies terms within the MOU, and increases the maximum amount payable by $80,000 (department budget) for fiscal year 2001- 2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11801) 3.39 * Butte County Department of Behavioral Health - Memorandum of Understanding (MOU) - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the MOU with the Butte County Department of Behavioral Health for the provision of substance abuse and mental health treatment services to CalwORKs participants. The amendment extends the term of the agreement through June 30, 2002, and increases the maximum amount payable by $1,236,408 (department budget) for fiscal year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10903) Page 9 October 9, 2001 Time Item No. 3.40 * Crime Prevention Act of 2000 - Board approval is requested by the Probation Department to approve the following agreements with various agencies for the provision of services in support of the Juvenile Justice Coordinating Council's Comprehensive Multi- agency Juvenile Justice Plan. The plan called for proposals from community based organizations to provide selected services to reduce alcohol and drug abuse. The Schiff-Cardenas Crime Prevention Act of 2000 made a per capita funding distribution of funds to California counties. Butte County's share is $720,838 for fiscal year 2001-2002, and Board approval is also requested for a budget transfer to accept and appropriate the funds to provide the funding for the following agreements. All agreements are for the term of July 1, 2001, through June 30, 2002: A. Boys and Girls Club of the North Valley - for the provision of after school and weekend teen services. The maximum amount payable is $235,074. (Contract No. X13234); B. Feather River Tribal Health, Inc. - for the provision of alcohol and drug counseling for Native Americans. The maximum amount payable is $34,000. (Contract No. X13237); C. North Valley Parent Education Network - for the provision of a program entitled, "Empowering Parents and Children Together", designed for single parent families. The maximum amount payable is $240,000. (Contract No. X13238); D. Paradise Unified School District - for the provision of three drug alternative programs which address student use of drugs, alcohol and tobacco. The maximum amount payable is $58,500. (Contract No. X13235); and E. Gary Bess Associates - for the provision of an evaluation of the community based organizations as required by the State Board of Corrections. The maximum amount payable is $52,083. (Contract No. X13236). The plan also approved $3,604 for Probation Department expenses. An additional agreement with the Butte County Juvenile Drug Court will follow on a subsequent agenda - action requested - APPROVE BUDGET TRANSFER B-077 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. Page 10 October 9, 2001 Time Item No. 3.41 * Input Systems, Incorporated - Board approval is requested by the Public Health Department for an agreement with Input Systems, Incorporated for the provision of software maintenance services for the Environmental Health Division's Statewide Environmental Evaluation Program System (SWEEPS). The data system is the mechanism for the collection of workload data and billing justification information. The term of the agreement is July 1, 2001, through June 30, 2006, with a maximum amount payable for fiscal year 2001-2002 of $20,236.92 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13191) 3.42 * waste Recovery west, Inc. - Amendment - Board approval is requested by the Public works Department for an amendment to the agreement with waste Recovery west, Inc., for removal and recycling services for waste tires stockpiled at the Neal Road Landfill. The amendment extends the term of the agreement through September 30, 2002, and increases the maximum amount payable by $20,000 (department budget/Heal Road Landfill Management Fund) for the contract year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11408) Miscel- 3.43 * Waiver of Fees - Fire Victims - pursuant to Butte laneous County Code Section 3-40.5, Board approval is requested by the Development Services Department to waive all fees associated with reconstruction activities (done in compliance with Butte County Code) for damages sustained in the Yankee Hill/ Concow area fire - action requested - FIND THE WAIVER OF FEES IS IN THE PUBLIC INTEREST, AND WAIVE ALL FEES FOR RECONSTRUCTION ACTIVITIES RELATED TO DAMAGES FROM THE FIRE. 3.44 * Advance Step Hire - pursuant to Personnel Rule Section 11.5B, the Sheriff's Office has requested the Department of Human Resources prepare an agenda item requesting Board approval of the advance step hire of a Correctional Officer candidate to Step 2 of the salary ordinance based on experience and training - action requested - APPROVE ADVANCE STEP HIRE OF A CORRECTIONAL OFFICER CANDIDATE TO STEP 2 OF THE SALARY RANGE. Page 11 October 9, 2001 Time Item No. 3.45 * Board Calendar Modification - Board approval is requested by the Administrative Office to alter the meeting dates for the months of November and December 2001. The Administrative Office is proposing the Board change the meeting dates in November from November 13 and 27, to November 6 and 20 (from the second and fourth Tuesday to the first and third Tuesday). The recommendation is being made in response to a request by the California State Association of Counties (CSAC) to alter the meeting schedule to allow for the commencement of the CSAC Annual Meeting on Tuesday, November 27. Board approval is also requested to set a second meeting in December for Tuesday, December 18. The current Board calendar sets December 11 as the only meeting in December, as the fourth Tuesday falls on December 25 - action requested - APPROVE MEETING CALENDAR MODIFICATION; CHANGING THE MEETING DATES IN NOVEMBER TO TUESDAY, NOVEMBER 6, AND TUESDAY, NOVEMBER 20, AND ADDING A MEETING TO THE DECEMBER CALENDAR ON TUESDAY, DECEMBER 18, 2001. 3.46 * 2002 Board of Supervisors Meeting Dates Calendar - consideration of the meeting dates calendar for 2002, including alterations of meeting dates based on holidays - action requested - ADOPT CALENDAR AND DIRECT DISTRIBUTION TO COUNTY DEPARTMENTS. 4.00 Regular Agenda 4.01 Appointments - Boards, Commissions, and Committees. * 1. Appointments to listed vacancies. 4.02 Update on legislative and budget activities. (ASSISTANT CHIEF ADMINISTRATIVE OFFICER) Page 12 October 9, 2001 Time Item No. 4.03 * Lime Saddle Trust Fund - consideration of a modification to Conclusion and Recommendation # 2 of Section 1 of the Paradise Ridge Memorandum of Understanding Summary Status Report (May 31, 2001). The proposed modification would authorize the use of the Lime Saddle Community Services District's Trust Fund for an engineering evaluation of the use of the Miocene and Hendrix Canals to provide potential water supply to the Magalia area - action requested - THE BUTTE COUNTY WATER COMMISSION RECOMMENDS THE BOARD: I. APPROVE THE MODIFICATION OF CONCLUSION #2 TO READ, "THE LIME SADDLE TRUST FUND SHOULD NOT BE USED FOR EXPENSIVE FEASIBILITY STUDIES, BUT COULD BE USED FOR LOW-COST RECONNAISSANCE STUDIES THAT HELP ANALYZE RIDGE WATER ISSUES."; II. APPROVE THE MODIFICATION OF RECOMMENDATION #2 TO READ, "USE THE LIME SADDLE TRUST FUNDS TO DEFRAY SOME OF THE COSTS FOR RIDGE INFRASTRUCTURE REDUCE COSTS TO RATE PAYERS, OR FUND LOW-COST PROFESSIONAL EVALUATIONS OF PROPOSALS TO ANALYZE RIDGE WATER ISSUES."; AND III. AUTHORIZE UP TO $10,000 OF THE LIME SADDLE COMMUNITY SERVICES DISTRICT'S TRUST FUND TO PAY PRELIMINARY ENGINEERING EVALUATIONS OF THE HENDRIX AND MIOCENE CANAL OPTIONS. (WATER AND RESOURCE CONSERVATION) 4.04 Board Discussion - Consideration of the Addition of a Half-time Attorney to the District Attorney Office - pursuant to Board direction of September 11, 2001, discussion of a request by the District Attorney to fund an additional half-time attorney position in support of therapeutic courts - action requested - BOARD DISCUSSION AND DIRECTION. (ADMINISTRATIVE OFFICE/DISTRICT ATTORNEY) Page 13 October 9, 2001 Time Item No. 4.05 * Employment Contract - Amendment - Interim Director Development Services - consideration of an amendment to the employment contract for the Interim Director Development Services. The Board will consider extending the term of the agreement and the maximum amount payable - action requested - APPROVE AMENDMENT, WITH TERMS AS DETERMINED BY THE BOARD, AND AUTHORIZE THE CHAIR TO SIGN. (ADMINISTRATIVE OFFICE) 4.06 Items removed from the Consent Agenda for Board consideration and action. 5.00 Public Hearincrs and Timed Items 10:30 A.m. 5.01 * Public Hearing - Underground Utility District - consideration of the formation of an Underground Utility District on East Avenue from Cohasset Road to 400 feet easterly, in Chico. The hearing is to ascertain whether public necessity, health, safety, or welfare require the removal of poles, overhead wires, and facilities for supplying electric, communications, or similar or associated services in the district described above - action requested - ADOPT RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 14B-EAST AVENUE (FROM COHASSET ROAD TO 400 FEET EASTERLY, IN CHICO) AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-11-O1 [3.02]) Page 14 October 9, 2001 Time Item No. 10:35 A.m. 5.02 * Continued Public Hearing - Butte County Department of Development Services - Rezone - consideration of a rezone to conform the zoning of the subject property to the General Plan, rezoning from A-5 (Agricultural - 5 acre parcels) and A-R (Agricultural Residential) to C-2 (General Commercial) three parcels totaling 4.9 acres that are developed with a 10 unit motel on 2.95 acres, a home on 1 acre, and three homes on 0.95 acres (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 south of, and adjacent to, State Route 32, approximately 1/4 mile southeast of Muir Avenue, at 3207 State Route 32, Chico, and identified as APN 042-100-002, 003, and 004 (File No. REZ O1-02 [CD]) - action requested - STAFF HAS PROVIDED THE BOARD WITH TWO ALTERNATIVES. BASED ON WHICH ALTERNATIVE THE BOARD SELECTS, STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: A. SETBACK ALTERNATIVE 1. 1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF MEMORANDUM DATED OCTOBER 9, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; 2. 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 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; AND Page 15 October 9, 2001 Time Item No. 5.02 A. 3. SUBJECT TO FINDINGS III (A AND B) AS (Cont.) DETAILED IN THE STAFF MEMO DATED OCTOBER 9, 2001, ADOPT THREE ORDINANCES REZONING APN 042-100-002 OWNED BY JOHN HOFFMAN AND TERRI LYNN EGGLESTON, FROM A-R (AGRICULTURAL RESIDENTIAL) CONTAINING 0.95 ACRES MORE OR LESS; APN 042-100-003 OWNED BY ELMER L. AND DORIS L. CRAWFORD, TRUSTEES, FROM A-5 (AGRICULTURAL - 5 ACRE PARCELS) CONTAINING 1.0 ACRE MORE OR LESS; AND APN 042-100-004 OWNED BY THE ESTATE OF LOTFALLAH HALIMI, FROM A-5 (AGRICULTURE - 5 ACRE PARCELS) CONTAINING 2.95 ACRES MORE OR LESS, TO C-2 (GENERAL COMMERCIAL) TO CONFORM TO THE GENERAL PLAN, TOTALING 4.9 ACRES, EACH WITH A RESPECTIVE CONDITIONAL ZONING AGREEMENT ATTACHED TO THEIR RESPECTIVE ZONING ORDINANCE AS EXHIBIT "A" AND AUTHORIZE THE CHAIR TO SIGN; OR B. SETBACK ALTERNATIVE 2. 1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF MEMORANDUM DATED OCTOBER 9, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; 2. 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 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; AND Page 16 October 9, 2001 Time Item No. 5.02 B. 3. SUBJECT TO FINDINGS III (A AND B) AS (Cont.) DETAILED IN THE STAFF MEMO DATED OCTOBER 9, 2001, ADOPT THREE ORDINANCES REZONING APN 042-100-002 OWNED BY JOHN HOFFMAN AND TERRI LYNN EGGLESTON, FROM A-R (AGRICULTURAL RESIDENTIAL) CONTAINING 0.95 ACRES MORE OR LESS; APN 042-100-003 OWNED BY ELMER L. AND DORIS L. CRAWFORD, TRUSTEES, FROM A-5 (AGRICULTURAL - 5 ACRE PARCELS) CONTAINING 1.0 ACRE MORE OR LESS; AND APN 042-100-004 OWNED BY THE ESTATE OF LOTFALLAH HALIMI, FROM A-5 (AGRICULTURE - 5 ACRE PARCELS) CONTAINING 2.95 ACRES MORE OR LESS, TO C-2 (GENERAL COMMERCIAL) TO CONFORM TO THE GENERAL PLAN, TOTALING 4.9 ACRES, EACH WITH A RESPECTIVE CONDITIONAL ZONING AGREEMENT ATTACHED TO THEIR RESPECTIVE ZONING ORDINANCE AS EXHIBIT "A" AND AUTHORIZE THE CHAIR TO SIGN. 11:00 A.m. 5.03 Timed Recess - Timed Recess to Closed Session 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 LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a): 1. IELATI VS. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 120574); AND 2. LAMBERT VS. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 125328). 7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. Page 17 October 9, 2001 Time Item No. 7.03 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). 7.04 PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND/OR INTERIM CHIEF ADMINISTRATIVE OFFICER. 7.05 PUBLIC EMPLOYEE PERFORMANCE EVALUATION/APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: INTERIM DIRECTOR DEVELOPMENT SERVICES. 8.00 Communications 8.01 Communications received and referred. (A LISTING AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD'S OFFICE.) * 1. Memorandum from Sean Farrell, Deputy Administrative Officer, providing the Board with an update on the nuisance abatement program. 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 18 October 9, 2001