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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
January 29, 2002
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. Supervisors present: Beeler,
Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: Lawrence
Odle, Interim Chief Administrative Officer; Bruce Alpert, County Counsel;
and Marion Reeves, Assistant Clerk of the Board of Supervisors.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Reverend Stan Henderson, Trinity Presbyterian Church,
Oroville.
02-013 Items removed from the Consent Agenda for Board consideration and action.
(147)
1. Butte County Management Employees' Association-Management,
Confidential, and Supervisory Unit - Memorandum of Understanding -
the Department of Human Resources submits the negotiated agreement
with the Butte County Management Employees' Association-Management,
Confidential, and Supervisory Unit. The term of the agreement is
October 1, 2001, through September 30, 2002, and includes the
following major provisions: a market adjustment for benchmark and
related classifications, effective with the first pay period in
January 2002; an increase in County contributions to employee health
premiums effective January 1, 2002; a 3o Cost of Living Allowance
effective September 29, 2001; and a Countywide
classification/compensation study - action requested - APPROVE THE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. THIS ITEM WILL RETURN ON THE AGENDA OF FEBRUARY 12, 2002.
2. Merit System and Personnel Rules - Negotiated Changes - Board
approval is requested by the Department of Human Resources for Merit
System and Personnel Rules changes effective January 1, 2002. The
changes are the result of the meet and confer process with the
various labor organizations over the past several months - action
requested - ADOPT AMENDED BUTTE COUNTY PERSONNEL RULES EFFECTIVE
JANUARY 1, 2002.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR
ACTION. THIS ITEM WILL RETURN ON THE AGENDA OF FEBRUARY 12, 2002.
Page 16 January 29, 2002
January 29, 2002
02-013 3. Butte County Code Enforcement Advisory Board - pursuant to Board
direction on December 11, 2001, the Administrative Office submits
a resolution creating the Butte County Code Enforcement Advisory
Board. The committee will provide advice to the Board on code
enforcement matters and assist in the development of priorities in
code enforcement activities, identification of programs for
voluntary property clean-up, and funding opportunities for code
enforcement and community clean-up programs - action requested -
ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN.
Consent Agenda
02-014 1. Approval of Minutes - action requested - APPROVE MINUTES OF
NOVEMBER 19, 2001 (A.M.); NOVEMBER 19, 2001 (P.M.);
NOVEMBER 20, 2001; NOVEMBER 26, 2001; DECEMBER 3, 2001; AND
DECEMBER 17, 2001.
2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-216
(BOARD OF SUPERVISORS); B-219 (EMERGENCY SERVICES/ APPROPRIATION FOR
CONTINGENCIES [4/5 vote required]); AND B-214 (PROBATION/
COMMUNICATIONS [4/5 vote required]).
3. Library Donations - pursuant to Government Code Section 25355,
donations of $100 from Nadine C. Doerr of Oroville, $146 from the
Oroville Friends of the Library, $236.99 from an anonymous donor,
and $3,692.19 from the Chico Friends of the Library, have been
received for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS
OF APPRECIATION.
4. Southside Oroville Community Center Advisory Committee -
action requested - APPOINT LEANN COX TO A VACATED TERM TO END
JANUARY 10, 2005.
5. Butte County Mosquito and Vector Control District - action
requested - REAPPOINT LYNN VANHART, DISTRICT 1 REPRESENTATIVE, TO
A TERM TO END DECEMBER 31, 2005.
6. winery Ordinance - Report to the Board - the Planning Commission is
recommending the Board approve the addition of a winery ordinance,
adding section 24-563 to the Butte County Code, authorizing and
regulating wineries in certain zone districts of the County, and
establishing standards for the operation of wine tasting and special
events - action requested - ACCEPT FOR INFORMATION; AND SET A PUBLIC
HEARING FOR CONSIDERATION OF THE MATTER FOR TUESDAY,
FEBRUARY 12, 2002, AT 10:30 A.M.
Page 17 January 29, 2002
January 29, 2002
02-014 7. Pheasant Landing Subdivision Unit 3 - APNs 047-350-013, 014, and
015, a conditionally approved 30-lot, public street subdivision
located on the east side of Garner Lane, along the north side of
Keefer Slough. In addition to the 30 residential lots, 3 lots are
being created for private and public services. County Service Area
176 has been formed to provide storm drainage maintenance, fire
protection services, and street lighting services. The developer
has complied with the Conditions of Approval, and has provided a
letter of credit to guarantee construction of the required
improvements within one year - action requested - APPROVE THE FINAL
MAP FOR PHEASANT LANDING SUBDIVISION UNIT 3; ACCEPT ON BEHALF OF THE
COUNTY: GARNER LANE, GUNTREN ROAD AND LINDBERG CIRCLE IN FEE SIMPLE
AS OFFERED FOR DEDICATION IN ITEM 1 OF THE OWNER'S STATEMENT, LOT
C IN FEE SIMPLE FOR STORM DRAINAGE FACILITIES AS OFFERED IN ITEM 2
OF THE OWNER'S STATEMENT, RELINQUISHMENT OF ACCESS RIGHTS ALONG
GARNER LANE AS OFFERED IN ITEM 3 OF THE OWNER'S STATEMENT, AND THE
NO-DEVELOPMENT EASEMENT IN LOT B AS OFFERED IN ITEM 4 OF THE OWNER'S
STATEMENT; ACCEPT ON BEHALF OF THE PUBLIC: THE PUBLIC SERVICE
EASEMENT, THE EASEMENT FOR FIRE PROTECTION FACILITIES, AND THE
EASEMENT FOR STORM DRAINAGE FACILITIES AS OFFERED IN ITEMS 5, 6, AND
7 OF THE OWNER' S STATEMENT; AND AUTHORIZE THE CHAIR TO SIGN THE
SUBDIVISION AGREEMENT AND THE SEWERAGE FACILITY EXPANSION AGREEMENT.
8. Award of Bid No. IFB 36-02 - 3 County Center Drive Remodel - bids
have been received for the remodel of 3 County Center Drive with
the low bidder meeting specifications being Azevedo Construction of
west Sacramento, in the amount of $171,953 (Special Maintenance
Projects Budgets 7874 and 7606) - action requested - AWARD AGREEMENT
TO AZEVEDO CONSTRUCTION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
9. Assessor's Office - Software Purchase/Budget Transfer - Board
approval is requested by the Assessor for the fixed asset purchase
of software, in the amount of $6,000, that will allow the Assessor's
and Treasurer's data to be available on the world wide web. The
Assessor's Office will also be purchasing a non-fixed asset software
upgrade for the data recovery program that protects the Assessor's
data base, in the amount of $3,000, and a plotter for the
department's mapping section in the amount of $3,000 to replace
equipment that is 10 years old and failing. Board approval is
requested for a budget transfer from the Assessor's Property
Characteristics Trust Fund in the amount of $12,000 to fund the
purchases - action requested - APPROVE BUDGET TRANSFER B-221 (4 /5
vote required); AND APPROVE FIXED ASSET PURCHASE OF SOFTWARE.
Page 18 January 29, 2002
January 29, 2002
02-014 10. Assessor's Office - Ratification of Emergency Purchase - Board
approval is requested by the Assessor's Office, pursuant to the
County's Purchasing Policy Manual, to ratify the emergency purchase
of AutoCAD software in the amount of $10,000. The department's
AutoCAD software had become obsolete. The Assessor's Office was
able to secure replacement software in the amount of $10,000;
however, in order to avoid an increase in price of the software by
$15,164, the Assessor's Office needed to purchase the item prior to
January 15, 2002. In order to ensure the cost savings, the
Assessor's Office utilized the emergency purchase procedure outlined
in Section 8.2 (c) of the Purchasing Policy Manual. Pursuant to that
policy, the Board must ratify the purchase. Board approval is also
requested for a budget transfer of $10,000 from the Assessor's
Property Characteristics Trust fund to provide funding for the
purchase - action requested - APPROVE BUDGET TRANSFER B-220 (4 /5
vote required); AND RATIFY EMERGENCY PURCHASE.
11. Notice of Completion - Building Addition to Gridley Fire Station
#74 - the work consisted of construction of 900 square feet to be
used as sleeping quarters and a restroom. All work has been
completed in accordance with plans and specifications - action
requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE
NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF
COMPLETION.
12. State of California-Department of Social Services - Emancipated
Youth Stipends Planning Allocation for Fiscal Year 2001-2002 - Board
approval is requested by the Department of Employment and Social
Services to accept and appropriate an additional $4,050 received
from the State of California-Department of Social Services as part
of the Emancipated Youth Stipends Planning Allocation for Fiscal
Year 2001-2002 - action requested - APPROVE BUDGET TRANSFER B-217
(4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
REVENUE
13. Amended Distribution of Excess Proceeds from the Sale of Tax-
Defaulted Property - on October 23, 2001, County Counsel submitted
recommendations regarding distribution of excess proceeds from the
sale of tax-defaulted property, and requested the Board order
distribution pursuant to Revenue and Taxation Code Section 4675.
County Counsel has received additional information regarding APNs
027-280-015 and 027-280-017, and has prepared amended
recommendations for the Board based on that information - action
requested - ADOPT AMENDED RECOMMENDATIONS FOR APNS 027-280-015 AND
027-280-017 AND ORDER AMENDED DISTRIBUTION PURSUANT TO REVENUE AND
TAXATION CODE SECTION 4675.
Page 19 January 29, 2002
January 29, 2002
02-014 14. California Department of Insurance - Additional Revenue - Board
approval is requested by the District Attorney to accept and
appropriate additional revenue received from the California
Department of Insurance for the workers' Compensation Fraud and
Automobile Insurance Fraud programs. The final allocation for the
workers' Compensation Insurance Fraud Program included an additional
$83,875 over the anticipated budgeted amount, and the final
allocation for the Automobile Insurance Fraud Program included an
additional $49,786. Board approval is requested for a budget
transfer to accept and appropriate the additional revenue into the
department's budget. The department has also requested the Human
Resources Department prepare a salary ordinance amendment which
includes the addition of a District Attorney Investigator II/I
position with a sunset date of December 30, 2002, in support of the
programs (see item 22) - action requested - APPROVE BUDGET TRANSFER
B-215 (4 /5 vote required) ACCEPTING AND APPROPRIATING THE
UNANTICIPATED REVENUE.
15. Office of Criminal Justice Planning - Violence Against women
Vertical Prosecution Program - Board approval is requested by the
District Attorney to accept and appropriate $30,394 in unanticipated
grant augmentation funds received for the Violence Against women
Vertical Prosecution Program. The Auditor-Controller has requested
the department transfer the grant's matching funds, which were
included in the department's yearly budget, to the required accounts
as detailed in the agenda report. Board approval is also requested
to direct the Department of Human Resources to prepare a salary
ordinance amendment which extends the sunset dates for one full-time
position of Mental Health Counsel, and one half-time position of
District Attorney Investigator from February 28, 2002, to
June 30, 2002, in response to the grant augmentation - action
requested - APPROVE BUDGET TRANSFER B-223 (4 /5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AND TRANSFERRING
THE REQUIRED GRANT MATCHING FUNDS AS DETAILED IN THE AGENDA REPORT;
AND DIRECT THE DEPARTMENT OF HUMAN RESOURCES TO PREPARE A SALARY
ORDINANCE AMENDMENT EXTENDING THE SUNSET DATES OF THE POSITIONS IN
SUPPORT OF THE GRANT TO JUNE 30, 2002.
16. District Attorney - Request for Transfer - Board approval is
requested by the District Attorney to transfer $9,257 from the
Appropriation for Contingencies to cover the cost of a one-quarter
time Deputy District Attorney IV/III/II/I position for the last four
months of fiscal year 2001-2002. The quarter-time attorney was
added in support of the various therapeutic courts. Board approval
is also requested to direct the Department of Human Resources to
prepare a salary ordinance amendment which deletes the half-time
Deputy District Attorney IV/III/II/I position (with a sunset date
of June 30, 2004) authorized by the Board on September 25, 2001, and
adds one full-time Deputy District Attorney IV/III/II/I (with a
sunset date of June 30, 2004) in support of the programs - action
requested - APPROVE BUDGET TRANSFER B-222 (4/5 vote required); AND
DIRECT THE DEPARTMENT OF HUMAN RESOURCES TO PREPARE A SALARY
ORDINANCE AMENDMENT TO REFLECT POSITION CHANGE.
Page 20 January 29, 2002
January 29, 2002
02-014 17. Adoption of a Salary Ordinance Amendment - the Department of Human
Resources has prepared a salary ordinance amendment which changes
the position title of the classification Supervisor-Collections to
Supervisor-Central Collections as a result of a classification
study. The change applies to the position's title and job
description, but does not alter the compensation rate. The changes
have been agreed to by the Butte County Management Employees'
Association - action requested - ADOPT ORDINANCE 3798 AND AUTHORIZE
THE CHAIR TO SIGN. (FROM 01-08-02 [3.24])
18. Introduction of a Salary Ordinance Amendment - the Department of
Human Resources has prepared a salary ordinance amendment which adds
one position of Program Manager-Community Services to the Behavioral
Health-General Services budget unit effective July 1, 2001. The
additional position was approved in the department's final budget,
but was inadvertently omitted from the salary ordinance - action
requested - WAIVE READING OF THE ORDINANCE.
19. Introduction of a Salary Ordinance Amendment - the Department of
Human Resources has prepared a salary ordinance amendment to adjust
the flat rate for the classification of Mental Health Intern (Class
Code 6528) to the new California minimum wage of $6.75 per hour. The
new minimum wage took effect on January 1, 2002, and the adjustment
will be retroactive to that date - action requested - WAIVE READING
OF THE ORDINANCE.
20. Introduction of a Salary Ordinance Amendment - the Department of
Employment and Social Services has requested the Department of Human
Resources prepare a salary ordinance amendment which deletes one
position of Deputy Public Guardian/Public Administrator I. The
department added a position of Deputy Public Guardian/Public
Administrator II, with the condition that once the position had been
filled, the Public Guardian/Public Administrator I position would
be deleted - action requested - WAIVE READING OF THE ORDINANCE.
21. Introduction of a Salary Ordinance Amendment - the District Attorney
has requested the Department of Human Resources prepare a salary
ordinance amendment which re-titles the classification of
Supervisor-District Attorney Investigations to District Attorney
Assistant Chief Investigator in response to a classification study.
The change addresses position title only, and does not alter the job
specifications or salary - action requested - WAIVE READING OF THE
ORDINANCE.
22. Introduction of a Salary Ordinance Amendment - the District Attorney
has requested the Department of Human Resources prepare a salary
ordinance amendment which adds one flexibly staffed position of
District Attorney Investigator II/I (with a sunset date of December
30, 2002) . The position will be funded by the California Department
of Insurance to expand the County's workers' Compensation and
Insurance Fraud programs (see item 3.14) - action requested - WAIVE
READING OF THE ORDINANCE.
Page 21 January 29, 2002
January 29, 2002
02-014 23. Introduction of a Salary Ordinance Amendment - the Administrative
Office has requested the Department of Human Resources prepare a
salary ordinance amendment which reinstates one flexibly staffed
position of Administrative Analyst III/II/I/Principal Analyst/Deputy
Administrative Officer. The position expired September 2001, but
funding for the position was continued in the department's budget
to allow for the position's continuance to be addressed following
the retirement of the Chief Administrative Officer, which also
occurred in September 2001. Continuation of the position would
require no additional general purpose revenue - action requested -
WAIVE READING OF THE ORDINANCE.
24. 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 position of
Supervisor-Mental Health Clinician, and adds one half-time position
of Supervisor-Mental Health Clinician in support of the Proposition
36 program. The reduced position will better serve the program by
resulting in savings that can be used to support more case
management hours, and support a contract with the Public Defender
and District Attorney for part-time positions from their offices -
action requested - WAIVE READING OF THE ORDINANCE.
25. Introduction of a Salary Ordinance Amendment - the Department of
Human Resources has prepared a salary ordinance amendment which
alters the previously allocated positions in support of the Mentally
Ill Offender Crime Reduction Grant as follows: reallocates one
flexibly staffed position of Office Assistant III/II/I from the
Behavioral Health budget unit to the Probation Department budget
unit; deletes one position of Administrative Services Assistant, and
adds one position of Administrative Analyst I to the Sheriff-Coroner
budget unit (all positions have a sunset date of June 30, 2004) -
action requested - WAIVE READING OF THE ORDINANCE.
26. Introduction of a Salary Ordinance Amendment - the Department of
Human Resources has prepared a salary ordinance amendment which
incorporates the different salary changes as negotiated with the
Butte County Correctional Officers' Association-General Unit, Butte
County Employees' Association-General Unit, Butte County Management
Employees' Association-Management, Confidential and Supervisory
Unit, Deputy Sheriffs' Association-General Unit and Management and
Supervisory Unit, and the Communication Workers of America AFL-CIO-
Social Services workers' Unit - action requested - WAIVE READING OF
THE ORDINANCE.
Page 22 January 29, 2002
January 29, 2002
02-014 27. Introduction of an Ordinance - Salary Ordinance Amendment - the
Department of Human Resources has prepared an ordinance which will
allow the County's salary ordinance to be amended by resolution.
The proposed change will provide for amendments to the annual salary
ordinance to be completed by resolution, saving the time and expense
involved in amending the ordinance using another ordinance. with
the proposed change, the new salary ordinance changes will become
effective with the passing of the resolution at one meeting, instead
of the normal two-meeting process required for ordinances, and will
save the expense of publication of each amendment. Once adopted,
the use of the new resolution process may begin with the Board of
Supervisors' meeting of March 26, 2002 - action requested - WAIVE
READING OF THE ORDINANCE.
28. Resolution in Recognition of Thomas Campbell Reid for Twenty-Nine
Years of Dedicated Service to the County of Butte - action
requested - ADOPT RESOLUTION 02-009 AND AUTHORIZE THE CHAIR TO SIGN.
29. Resolution in Recognition of Judith Delgado Upon Her Retirement from
the County of Butte - action requested - ADOPT RESOLUTION 02-010 AND
AUTHORIZE THE CHAIR TO SIGN.
30. Resolution in Recognition of Donna Murrill Upon Her Retirement from
the County of Butte - action requested - ADOPT RESOLUTION 02-Oll AND
AUTHORIZE THE CHAIR TO SIGN.
31. Resolution in Recognition of Mike Pyeatt Upon His Retirement from
the County of Butte - action requested - ADOPT RESOLUTION 02-012 AND
AUTHORIZE THE CHAIR TO SIGN.
32. Resolutions of Appreciation for Local News Media - Board approval
is requested by the Children's Services Coordinating Council for
resolutions of appreciation to the Chico News and Review, the Chico
Enterprise Record, KHSL, KPAY, and KNVN for their support of the
campaign to increase awareness of the Frank watters Children's Trust
Fund. The trust fund was developed as a mechanism for citizens to
make tax deductible donations which help fund child abuse and
neglect prevention programs - action requested - ADOPT RESOLUTIONS
02-013, 02-014, 02-015, 02-016, AND 02-017 AND AUTHORIZE THE CHAIR
TO SIGN.
33. Resolution of Benefits of Butte County Department Heads - the
Department of Human Resources has prepared a resolution, in
cooperation with the department head compensation subcommittee, that
standardizes the benefits available to both appointed and elected
department heads - action requested - ADOPT RESOLUTION 02-018 AND
AUTHORIZE THE CHAIR TO SIGN.
Page 23 January 29, 2002
January 29, 2002
02-014 34. Butte County Air Quality Management District - Board approval is
requested by the Agricultural Commissioner for a revenue agreement
with the Butte County Air Quality Management District for the
inspection of rice fields for disease, and issuance of conditional
rice straw burn permits. The term of the agreement is July 1, 2001,
through June 30, 2002, with a maximum amount payable to the County
of $25,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. R40326)
35. MCPP Healthcare Consulting - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health for an amendment
to the agreement with MCPP Healthcare Consulting for the preparation
of a Behavioral Health Master Plan. The amendment expands the scope
of services to include the preparation of a Strategic Plan and
Capital Acquisition Plan for information technology within the Butte
County Department of Behavioral Health. The amendment extends the
term of the agreement through June 30, 2002, and increases the
maximum amount payable by $30,500 (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. X11628)
36. State Department of Mental Health - Performance Contract - Board
approval is requested by the Butte County Department of Behavioral
Health for an agreement with the State Department of Mental Health
for the provision of inpatient hospital services to the acutely
mentally ill. The term of the agreement is July 1, 2001, through
June 30, 2002. There is no cost to the County for this mandated
performance contract - action requested - ADOPT RESOLUTION 02-019
APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
37. Gary Bess Associates - Board approval is requested by the Butte
County Department of Behavioral Health for an agreement with Gary
Bess Associates for the management and evaluation of the
department's Supportive Housing 2001 Initiative Grant funded by the
California Department of Mental Health. The term of the agreement
is July 1, 2001, through June 30, 2004, with a maximum amount
payable not to exceed $45,000 (department budget/grant funds) 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.
38. Gary Bess Associates - Mentally Ill Offender Crime Reduction Grant -
Board approval is requested by the Butte County Department of
Behavioral Health for an agreement with Gary Bess Associates for the
management and facilitation of the evaluation reports to study the
impact, effectiveness, and cost benefits of the program, as required
by the grant. The term of the agreement is July 1, 2001, through
June 30, 2002, with a maximum amount payable not to exceed $40,035
(department budget/grant funds) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 24 January 29, 2002
January 29, 2002
02-014 39. Tulare County Office of Education - Board approval is requested by
the Butte County Department of Behavioral Health for a revenue
agreement with the Tulare County Office of Education for the
provision of technical assistance to Tulare County through the
California Friday Night Live Program technical assistance pool. The
term of the agreement is September 1, 2001, through
February 28, 2002, with a maximum amount payable to the County of
$1,700. Board approval is also requested to accept and appropriate
the unanticipated revenue into the department's budget - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE BUDGET TRANSFER B-224 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE.
40. Government Leasing Company - Board approval is requested by the
Department of Child Support Services for a lease agreement with
Government Leasing Company for the provision of seven printers for
use by the department. Two printers are high speed printers that
will help facilitate the timely printing of weekly and monthly State
mandated reports. The five remaining printers will replace outdated
equipment which requires frequent repair. The term of the agreement
is for 36 months, with a maximum amount payable of $29,884
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE CYNDI MANN, DEPUTY ADMINISTRATIVE OFFICER, TO SIGN
AGREEMENT ON BEHALF OF THE COUNTY. (Contract No. X13344)
41. Ray Morgan Company - Board approval is requested by the Department
of Child Support Services for a maintenance agreement with Ray
Morgan Company for repair and maintenance of a Cannon L9000 fax
machine. The term of the agreement is 60 months, with a maximum
amount payable of $2,509.65 (department budget) for the multi-year
term - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X13336)
42. west Coast Data Connect - Board approval is requested by the
Communications Division for an agreement with west Coast Data
Connect for the removal and replacement of all existing phone and
data cabling from 42 County Center Drive in support of the remodel
of the building for the Probation Department. The term of the
agreement is from February 18, 2002, through the completion of the
work, with a maximum amount payable of $64,940 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X13362)
43. Office of Criminal Justice Planning - Drug Endangered Children
Grant - on January 8, 2002, the Board approved the District
Attorney's submission of a grant application to the Office of
Criminal Justice Planning for funds to support the Drug Endangered
Children Program. As part of that grant application, the Board is
required to approve a Certification of Assurance of Compliance
regarding the terms of the grant award - action requested - APPROVE
CERTIFICATION AND AUTHORIZE THE CHAIR TO SIGN.
Page 25 January 29, 2002
January 29, 2002
02-014 44. Chico State University Foundation - Amendment - Board approval is
requested by the Department of Development Services for an amendment
to the agreement with the Chico State University Foundation for the
provision of a Growth Scenarios Report for Butte County. The
amendment extends the term of the agreement through March 29, 2002,
to allow additional time to complete the tasks detailed in the Scope
of work. All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11887)
45. 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 extends the term of
the agreement through September 30, 2002, and increases the maximum
amount payable by $182,005 in response to an increased allocation
received for the program - action requested - APPROVE BUDGET
TRANSFER B-218 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE, AND AUTHORIZING THE AUDITOR TO ENCUMBER THE
FUNDS AS DETAILED IN THE AGENDA TRANSMITTAL; AND APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11697)
46. 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 services in
support of the SB 163 wraparound Pilot Project. The amendment
provides for the bi-annual Cost of Living Adjustments approved by
the State. There is no increase to the maximum amount payable, and
the term remains March 1, 2001, through September 30, 2003 - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X11965)
47. Butte County Children and Families Commission - Memorandum of
Understanding - Board approval is requested by the Department of
Employment and Social Services for a Memorandum of Understanding
with the Butte County Children and Families Commission for services
in support of the Butte County Project REWARD (Retaining Experienced
workers And Reinforcing Development). The term of the agreement is
January 1, 2002, through June 30, 2003, with a maximum amount
payable not to exceed $500,000. Funding for the agreement will be
provided by unanticipated revenue received from the Incentive Trust
Account, and Board approval is requested for a budget transfer to
provide funding for the agreement - action requested - APPROVE
BUDGET TRANSFER B-225 (4 /5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED TRUST FUND REVENUE; AND APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 26 January 29, 2002
January 29, 2002
02-014 48. City of Biggs - Cooperative Agreement - Board approval is requested
by the Fire Department for a cooperative agreement with the City of
Biggs for the provision of volunteer fire service. The term of the
agreement is July 1, 2001, through June 30, 2004, and provides that
the County supply volunteer firefighting services, and the City of
Biggs provide funding for firefighter safety gear of comparable
value - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER.
49. Butte County Employees' Association-General Unit - Memorandum of
Understanding - the Department of Human Resources submits the
negotiated agreement with the Butte County Employees' Association-
General Unit. The term of the agreement is October 1, 2001, through
September 30, 2004, and includes the following major provisions: an
increase in County contributions to employee health premiums
effective January 1, 2002; a 5o Cost of Living Allowance effective
September 29, 2001; a Countywide classification/compensation study;
and an Agency Shop agreement - action requested - APPROVE THE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
50. Butte County Correctional Officers' Association-General Unit -
Memorandum of Understanding - the Department of Human Resources
submits the negotiated agreement with the Butte County Correctional
Officers' Association-General Unit. The term of the agreement is
October 1, 2001, through September 30, 2002, and includes the
following major provisions: an increase in County contributions to
the employee health premiums effective January 1, 2002; a Countywide
classification/compensation study; a 3o Cost of Living Allowance
effective September 29, 2001; and an 8o equity adjustment for
Correctional Officers and Correctional Technicians effective the
first pay period of April 2002 - action requested - APPROVE THE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
51. Deputy Sheriffs' Association-General Unit - Memorandum of
Understanding - the Department of Human Resources submits the
negotiated agreement with the Deputy Sheriffs' Association-General
Unit. The term of the agreement is October 1, 2001, through
September 30, 2002, and includes the following major provisions: an
increase in County contributions to employee health premiums
effective January 1, 2002; a Countywide classification/compensation
study; modification of the current retirement plan to provide a 30
at 50 formula for Sheriff's Department bargaining unit represented
positions effective April 1, 2002; a 3 o Cost of Living Allowance for
Sheriff's Department bargaining unit employees effective
September 29, 2001; and a 5o Cost of Living Allowance for District
Attorney Investigator series effective September 29, 2001 - action
requested - APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE
THE CHAIR TO SIGN.
Page 27 January 29, 2002
January 29, 2002
02-014 52. Deputy Sheriffs' Association-Management and Supervisory Unit -
Memorandum of Understanding - the Department of Human Resources
submits the negotiated agreement with the Deputy Sheriffs'
Association-Management and Supervisory Unit. The term of the
agreement is October 1, 2001, through September 30, 2002, and
includes the following major provisions: an increase in County
contributions to employee health premiums effective January 1, 2002;
a Countywide classification/compensation study; modification of the
current retirement plan to provide a 3o at 50 formula for Sheriff's
Department bargaining unit represented positions effective
April 1, 2002; a 3o Cost of Living Allowance for Sheriff's
Department bargaining unit employees effective September 29, 2001;
and a 5o Cost of Living Allowance for Supervisor-District Attorney
Investigations and District Attorney Chief Investigator series
effective September 29, 2001 - action requested - APPROVE THE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
53. Communication workers of America AFL-CIO-Social Services workers'
Unit - Memorandum of Understanding - the Department of Human
Resources submits the negotiated agreement with the Communication
workers of America AFL-CIO-Social Services workers' Unit. The term
of the agreement is October 1, 2001, through September 30, 2002, and
includes the following major provisions: an increase in County
contributions to the employee health premiums effective
January 1, 2002; a 5o Cost of Living Allowance effective
September 29, 2001; an Agency Shop agreement; and a Countywide
classification/compensation study - action requested - APPROVE THE
MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
54. Rapidtext, Inc. - Amendment - Board approval is requested by the
Probation Department for an agreement with Rapidtext, Inc., for the
provision of transcription services. The amendment extends the term
of the agreement through June 30, 2002, with all other terms and
provisions to remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11122)
55. Redwood Toxicology, Inc. - Board approval is requested by the Public
Health Department for an agreement with Redwood Toxicology, Inc.,
for the provision of drug testing services. The term of the
agreement is December 1, 2001, through June 30, 2003, with a maximum
amount payable of $30,000 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.
Page 28 January 29, 2002
January 29, 2002
02-014 56. Intelliwaste, Inc. - Amendment - Board approval is requested by the
Public works Department for an amendment to the agreement with
Intelliwaste, Inc., for the provision of services in support of the
solid waste management collection service agreement, rate setting
process, and negotiations. The amendment increases the maximum
amount payable by $26,950 (department budget) to provide for
completion of the negotiated agreements. 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.
57. Greenleaf Compaction, Inc. - Board approval is requested by the
Sheriff's Office for an agreement with Greenleaf Compaction, Inc.,
for the provision of a cardboard bailer for use primarily on the
cardboard generated by the Butte County Jail Food Services Division.
The term of the agreement is March 1, 2002, through
February 28, 2007, with a maximum amount payable of $195 per
month (department budget). This is a renewing agreement, and
Greenleaf Compaction, Inc., is providing one month of free service
for the agreement renewal - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13260)
58. Greenleaf Compaction, Inc. - Board approval is requested by the
Sheriff's Office for an agreement with Greenleaf Compaction, Inc.,
for the provision of a trash compactor for use by the Butte County
Jail. The term of the agreement is March 1, 2002, through
February 28, 2007, with a maximum amount payable of $300 per
month (department budget). This is a renewing agreement, and
Greenleaf Compaction, Inc., is providing one month of free service
for the agreement renewal - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13259)
59. Little Chico Creek watershed Group - the State water Resources
Control Board has released a Request For Proposal for funding under
Proposition 13, the Costa/Machado water Bond of 2000. The Little
Chico Creek watershed Group has requested the County act as its
fiduciary agent, and to assume administrative duties associated with
the grant funding. The County has assumed this role for a
Proposition 204 grant, and the Department of water and Resource
Conservation believes that the process has worked well in the past,
and is recommending the Board approve the grant proposal - action
requested - ACCEPT THE RECOMMENDATION OF THE DEPARTMENT OF WATER AND
RESOURCE CONSERVATION AND APPROVE THE GRANT PROPOSAL FOR SUBMISSION
UNDER PROPOSITION 13 ON BEHALF OF THE COUNTY, AND AUTHORIZE THE
DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN NECESSARY
DOCUMENTS ON BEHALF OF THE COUNTY.
60. Butte County Fire Safe Council - Recommendations - the Fire
Department submits the recommendations of the Butte County Fire Safe
Council for projects that will qualify for funding under the HR-2389
Title III Funds. The projects can only be approved by the Board
following a 45-day public comment period - action requested - ACCEPT
FOR INFORMATION; AND DIRECT THE BUTTE COUNTY FIRE DEPARTMENT TO
PUBLISH THE 45-DAY PUBLIC COMMENT PERIOD.
Page 29 January 29, 2002
January 29, 2002
02-014 61. Out of Sequence Merit Advancement - the District Attorney has
requested the Department of Human Resources prepare an agenda item
requesting the out of sequence merit advancement of District
Attorney Investigator II Bruce Wristen to step 2 of the salary
range, retroactive to November 1, 2001, based on experience - action
requested - APPROVE OUT OF STEP MERIT ADVANCEMENT TO STEP 2 OF THE
SALARY RANGE, RETROACTIVE TO NOVEMBER 1, 2001, FOR A DISTRICT
ATTORNEY INVESTIGATOR II.
62. Stirling City Historical Society - the Stirling City Historical
Society has requested the Board provide a letter of support for the
Society's grant application for funds under Proposition 12 (DPR
Competitive Project # UC-04-009 Stirling Museum/Library) - action
requested - APPROVE LETTER OF SUPPORT AND AUTHORIZE THE CHAIR TO
SIGN.
63. Proposition 36 Plan for Substance Abuse Treatment and Testing
Accountability - Board approval is requested by the Butte County
Department of Behavioral Health for a revised County plan for
substance abuse treatment and testing. The amended plan is needed
to implement new SB223 Substance Abuse Treatment and Testing
Accountability Funds - action requested - ADOPT RESOLUTION 02-020
APPROVING PLAN AND AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.07 AMENDED TO READ,
"...AND AUTHORIZE THE CHAIR TO SIGN THE SUBDIVISION AGREEMENT AND THE
SEWERAGE FACILITY EXPANSION AGREEMENT."; ITEM 3.21 AMENDED TO CORRECT THE
POSITION TITLE FROM SUPERVISOR DISTRICT ATTORNEY INVESTIGATOR TO DISTRICT
ATTORNEY ASSISTANT CHIEF INVESTIGATOR; AND THE REMOVAL OF ITEMS 3.34,
3.51, AND 3.63.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
CHAIR JOSIASSEN PRESENTS A RESOLUTION IN RECOGNITION OF THOMAS REID FOR
29 YEARS OF DEDICATED SERVICE TO BETSY REID, AND AGAIN EXPRESSED THE
BOARD'S DEEPEST SYMPATHY FOR HER LOSS, AND THEIR RESPECT AND APPRECIATION
FOR THE YEARS TOM SERVED THE COUNTY.
CHAIR JOSIASSEN PRESENTS A RESOLUTION OF APPRECIATION TO JUDITH DELGADO
UPON HER RETIREMENT FROM THE COUNTY.
CHAIR JOSIASSEN PRESENT A RESOLUTION OF APPRECIATION TO DONNA MURRILL
UPON HER RETIREMENT FROM THE COUNTY.
GARY HOUSE, DIRECTOR OF PUBLIC HEALTH, ADDRESSED THE BOARD TO STATE THAT
THE LAST THREE EMPLOYEES HONORED REPRESENT OVER 100 YEARS OF SERVICE TO
THE COUNTY AND THEIR KNOWLEDGE CANNOT EASILY BE REPLACED. MR. HOUSE ALSO
EXPRESSED HIS DEEPEST RESPECT FOR TOM REID, AND HIS DEEP SORROW ON HIS
PASSING.
CHAIR JOSIASSEN PRESENTS A RESOLUTION OF APPRECIATION TO MIKE PYEATT UPON
HIS RETIREMENT FROM THE COUNTY.
Page 30 January 29, 2002
January 29, 2002
Regular Agenda
02-015 Appointments - Boards, Commissions, and Committees. (800)
1. Appointments to listed vacancies. (NONE)
CHAIR JOSIASSEN DIRECTED THAT THE APPOINTMENT TO THE WATER COMMISSION
VACANCY BE INCLUDED ON THE AGENDA OF FEBRUARY 12, 2002.
02-016 Update on legislative and budget activities. (882) LAWRENCE ODLE,
INTERIM CHIEF ADMINISTRATIVE OFFICER, PROVIDED AN UPDATE ON THE STATE
BUDGET ACTIVITIES, ADDRESSING SOME EXPECTED EFFECTS THE STATE'S MOVES TO
COVER ITS DEFICIT WILL HAVE ON LOCAL GOVERNMENTS. ADDITIONALLY, THE
BOARD WAS PROVIDED A BRIEF SUMMARY OF A BILL WHICH WILL ADD A CABINET
LEVEL POSITION FOR A LABOR AND WORK FORCE DEVELOPMENT AGENCY, A BILL
WHICH WILL CLARIFY TERMS ON DISBURSEMENT OF COPS FUNDS, AND A BILL WHICH
WILL CAP MEDI-CADE PAYMENTS TO HOSPITALS.
02-017 True Love waits Campaign - Report to the Board - update on the True Love
waits Campaign - action requested - ACCEPT FOR INFORMATION. (1122)
SUPERVISOR BEELER PROVIDES AN UPDATE ON THE SUCCESS OF THE PROGRAM AND
INTRODUCES THE FOLLOWING STUDENT REPRESENTATIVES: JAYMES LACKEY, OROVILLE
HIGH SCHOOL; KAITLYN SHORROCK, ST. THOMAS THE APOSTLE SCHOOL; GINA
GUTIERREZ, ST. THOMAS THE APOSTLE SCHOOL; ERIC BISHOP, CENTRAL MIDDLE
SCHOOL; COURTNEY ROWE, CENTRAL MIDDLE SCHOOL; JOHNATHON CAREY, CENTRAL
MIDDLE SCHOOL; AND NICOLE CHOUINARD, CENTRAL MIDDLE SCHOOL.
02-018 Basin Management Objectives for the Butte Basin portion of Butte County -
Report to the Board - report by Toccoy Dudley, Chief of the Groundwater
Section of the Northern District Department of water Resources, on Basin
Management Objectives for the Butte Basin portion of Butte County -
action requested - ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY WATER
COMMISSION AND APPROVE THE CONCEPT OF BASIN MANAGEMENT OBJECTIVES, AND
DIRECT STAFF TO PROCEED WITH THE DEVELOPMENT OF BASIN MANAGEMENT
OBJECTIVES FOR THE BASIN AREA OF THE COUNTY. (1373)
PRESENTATION TO THE BOARD BY TOCCOY DUDLEY, MEMBER, TECHNICAL ADVISORY
COMMITTEE TO BUTTE BASIN WATER USERS ASSOCIATION AND THE BUTTE COUNTY
WATER COMMISSION.
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY WATER COMMISSION
AND APPROVE THE CONCEPT OF BASIN MANAGEMENT OBJECTIVES, AND DIRECT STAFF
TO PROCEED WITH THE DEVELOPMENT OF BASIN MANAGEMENT OBJECTIVES FOR THE
BASIN AREA OF THE COUNTY.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:27 A.M.
RECONVENE 10:35 A.M.
Page 31 January 29, 2002
January 29, 2002
Public Hearing and Timed Items
02-019 Continued Public Hearing - John and Sharon Byrne - Tentative Parcel Map -
consideration of an appeal of the Development Review Committee's denial
of a Tentative Parcel Map proposing four 1+/- acre parcels and a 5.35+/-
acre remainder from an existing 9.41+/- acre parcel (this is a project
on which notice of intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given). water supply
will be provided by the California water Company or domestic wells. Sewer
will be provided by individual septic systems. Access to the parcels
will be provided by Rocking H Circle and an additional easement
connecting onto Eaton Road. The property is zoned SR (Suburban
Residential) and is located at the southwest corner of Eaton Road and
Godman Avenue in the Chico area, and identified as APN 007-260-081 and
082 (File No. TSM 01-03 [DB]) - action requested - STAFF RECOMMENDS THE
BOARD DENY THE APPEAL AND DENY THE TENTATIVE PARCEL MAP FOR JOHN BYRNE
(TSM 01-03) (FROM 12-18-O1 [5.01]) (3316)
AT THE REQUEST OF THE APPLICANT, PUBLIC HEARING OPENED AND CONTINUED OPEN
TO MARCH 26, 2002, AT 10:30 A.M.
Regular Agenda
02-020 In-Home Supportive Services Public Authority - consideration of an
ordinance establishing the Butte County In-Home Supportive Services
Public Authority, and adoption of the Butte County In-Home Supportive
Services Public Authority Employer-Employee Relations Policy - action
requested - WAIVE READING OF THE ORDINANCE; AND ADOPT EMPLOYER-EMPLOYEE
RELATIONS POLICY. (3388) (**00)
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE AND ADOPT THE EMPLOYER-
EMPLOYEE RELATIONS POLICY.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 32 January 29, 2002
January 29, 2002
02-021 CLOSED SESSION: THE BOARD RECESSED AT 11:19 A.M. TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) NEIGHBORS FOR RESPONSIBLE ACTION V. COUNTY
OF BUTTE; PARADISE ROD AND GUN CLUB, INC., REAL PARTIES
IN INTEREST (SUPERIOR COURT CASE NO. 126947); CONFERENCE
WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION -
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL
CASE; PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT
PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR
DEVELOPMENT SERVICES; PUBLIC EMPLOYEE
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR CHILD SUPPORT
S E R V I C E S P U B L I C E M P L O Y E E
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE
OFFICER; AND CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY:
APN 042-080-088; AGENCY NEGOTIATOR: LAWRENCE ODLE,
INTERIM CHIEF ADMINISTRATIVE OFFICER, NEGOTIATING
PARTIES: COUNTY OF BUTTE, AND WILLIAM W. AND JOAN O.
LEWIS. UNDER NEGOTIATION: DISCUSSION OF PURCHASE, SALE,
OR LEASE OF PROPERTY. (**1193)
RECONVENE: THE BOARD RECONVENED AT 1:23 P.M. FROM A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) NEIGHBORS FOR RESPONSIBLE ACTION V. COUNTY
OF BUTTE; PARADISE ROD AND GUN CLUB, INC., REAL PARTIES
IN INTEREST (SUPERIOR COURT CASE NO. 126947); CONFERENCE
WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION -
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL
CASE; PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT
PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR
DEVELOPMENT SERVICES; PUBLIC EMPLOYEE
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR CHILD SUPPORT
S E R V I C E S P U B L I C E M P L O Y E E
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE
OFFICER; AND CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY:
APN 042-080-088; AGENCY NEGOTIATOR: LAWRENCE ODLE,
INTERIM CHIEF ADMINISTRATIVE OFFICER, NEGOTIATING
PARTIES: COUNTY OF BUTTE, AND WILLIAM W. AND JOAN O.
LEWIS. UNDER NEGOTIATION: DISCUSSION OF PURCHASE, SALE,
OR LEASE OF PROPERTY. (**1299 [NO ANNOUNCEMENTS])
Page 33 January 29, 2002
January 29, 2002
Regular Agenda
02-022 Reconsideration of an approved Consent Agenda Item. (**1300)
winery Ordinance - Report to the Board - the Planning Commission is
recommending the Board approve the addition of a winery ordinance, adding
section 24-563 to the Butte County Code, authorizing and regulating
wineries in certain zone districts of the County, and establishing
standards for the operation of wine tasting and special events - action
requested - ACCEPT FOR INFORMATION; AND SET A PUBLIC HEARING FOR
CONSIDERATION OF THE MATTER FOR TUESDAY, FEBRUARY 12, 2002, AT 10:30 A.M.
AS A RESULT OF A CONFLICT EXPECTED FOR FEBRUARY 12, 2002, THE BOARD CHAIR
REQUESTED THE BOARD RECONSIDER SETTING THE DATE FOR THE PROPOSED HEARING.
MOTION: I MOVE TO RECONSIDER SETTING THE PUBLIC HEARING DATE FOR THE WINERY
ORDINANCE, CHANGING THE DATE FROM TUESDAY, FEBRUARY 12, 2002, AT
10:30 A.M. TO TUESDAY, FEBRUARY 26, 2002, AT 10:30 A.M.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-023 Items removed from the Consent Agenda for Board consideration and action.
(**1472)
Butte County Code Enforcement Advisory Board - pursuant to Board
direction on December 11, 2001, the Administrative Office submits a
resolution creating the Butte County Code Enforcement Advisory Board.
The committee will provide advice to the Board on code enforcement
matters and assist in the development of priorities in code enforcement
activities, identification of programs for voluntary property clean-up,
and funding opportunities for code enforcement and community clean-up
programs - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
MOTION: I MOVE TO ADOPT RESOLUTION 02-021 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-024 Butte County Integrated watershed and Resource Conservation Program -
consideration of an agreement with the Department of water Resources for
funds to support the Butte County Integrated watershed and Resource
Conservation Program - action requested - ACCEPT THE RECOMMENDATION OF
THE DIRECTOR OF WATER AND RESOURCE CONSERVATION AND AUTHORIZE HIM TO SIGN
THE NECESSARY AGREEMENTS TO ACCEPT FUNDING FROM THE DEPARTMENT OF WATER
RESOURCES TO FUND THE BUTTE COUNTY INTEGRATED WATERSHED AND RESOURCES
CONSERVATION PROGRAM. (2867) (***00)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE DIRECTOR OF WATER AND RESOURCE
CONSERVATION AND AUTHORIZE HIM TO SIGN THE NECESSARY AGREEMENTS TO ACCEPT
FUNDING FROM THE DEPARTMENT OF WATER RESOURCES TO FUND THE BUTTE COUNTY
INTEGRATED WATERSHED AND RESOURCES CONSERVATION PROGRAM.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 34 January 29, 2002
January 29, 2002
02-025 Conservation Easements and Perpetual Habitat - discussion regarding the
effects of land acquisition for conservation purposes - action
requested - BOARD DISCUSSION AND DIRECTION. (***65)
DISCUSSION WITH TOM BUFORD, INTERIM DIRECTOR DEVELOPMENT SERVICES AND
BRUCE ALPERT, COUNTY COUNSEL.
BOARD DIRECTION FOR COUNTY COUNSEL TO PREPARE A DRAFT DOCUMENT TO ADDRESS
THE ISSUES OF CONCERN. COUNTY COUNSEL IS TO WORK WITH OTHER COUNTIES,
OTHER COUNTY COUNSELS, THE COUNTY DEPARTMENTS INVOLVED, AND THE MANY
INTERESTED GROUPS MENTIONED IN THE DISCUSSION, INCLUDING LAND OWNDERS AND
MEMBERS OF THE PUBLIC, TO RECEIVE INPUT ON THINGS TO BE INCLUDED IN THE
COUNTY'S FINAL DOCUMENT.
02-026 State of California-Department of Transportation (CalTRANS)-
consideration of a right of entry agreement with CalTRANS in support of
a project intended to straighten and improve Highway 99 near Fire
Station 41 - action requested - APPROVE RIGHT OF ENTRY AND AUTHORIZE THE
CHAIR TO SIGN. (***975)
MOTION: I MOVE TO APPROVE A LETTER FROM CHIEF SAGER, AS REVIEWED BY COUNTY
COUNSEL, WHICH LIMITS CALTRANS RIGHT OF ENTRY TO SURVEYING, ENGINEERING
AND ANALYSIS, BUT PROHIBITD ACTUAL CONSTRUCTION OR IMPROVEMENTS, AND
AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Comment
02-027 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. (***1335) (NONE)
Page 35 January 29, 2002
January 29, 2002
02-028 CLOSED SESSION: THE BOARD RECESSED AT 2:54 P.M. TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) NEIGHBORS FOR RESPONSIBLE ACTION V. COUNTY
OF BUTTE; PARADISE ROD AND GUN CLUB, INC., REAL PARTIES
IN INTEREST (SUPERIOR COURT CASE NO. 126947); CONFERENCE
WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION -
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL
CASE; PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT
PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR
DEVELOPMENT SERVICES; PUBLIC EMPLOYEE
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR CHILD SUPPORT
S E R V I C E S P U B L I C E M P L O Y E E
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE
OFFICER; AND CONFERENCE WITH REAL PROPERTY NEGOTIATORS
PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY:
APN 042-080-088; AGENCY NEGOTIATOR: LAWRENCE ODLE,
INTERIM CHIEF ADMINISTRATIVE OFFICER, NEGOTIATING
PARTIES: COUNTY OF BUTTE, AND WILLIAM W. AND JOAN O.
LEWIS. UNDER NEGOTIATION: DISCUSSION OF PURCHASE, SALE,
OR LEASE OF PROPERTY. (***1363)
RECONVENE: THE BOARD RECONVENED AT 4:08 P.M., FROM A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) NEIGHBORS FOR RESPONSIBLE ACTION V. COUNTY
OF BUTTE; PARADISE ROD AND GUN CLUB, INC., REAL PARTIES
IN INTEREST (SUPERIOR COURT CASE NO. 126947); CONFERENCE
WITH LEGAL COUNSEL REGARDING ANTICIPATED LITIGATION -
SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO
GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL
CASE; PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT
PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR
DEVELOPMENT SERVICES; PUBLIC EMPLOYEE
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: DIRECTOR CHILD SUPPORT
SERVICES; PUBLIC EMPLOYEE EMPLOYMENT/
APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957: CHIEF ADMINISTRATIVE OFFICER; AND
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8: PROPERTY: APN 042-080-
088; AGENCY NEGOTIATOR: LAWRENCE ODLE, INTERIM CHIEF
ADMINISTRATIVE OFFICER, NEGOTIATING PARTIES: COUNTY OF
BUTTE, AND WILLIAM W. AND JOAN O. LEWIS. UNDER
NEGOTIATION: DISCUSSION OF PURCHASE, SALE, OR LEASE OF
PROPERTY. (***1380)
Page 36 January 29, 2002
January 29, 2002
02-028 CLOSED THE BOARD VOTED UNANIMOUSLY TO APPOINT SHARON STONE,
SESSION DIRECTOR OF CHILD SUPPORT SERVICES, AND FRED DAVIS,
ANNOUNCEMENT: INTERIM DIRECTOR OF DEVELOPMENT SERVICES. THE BOARD
APPOINTED A NEGOTIATING TEAM TO NEGOTIATE WITH FRED
DAVIS AND SHARON STONE AND HAVE AGREED TO THE TERMS OF
THE EMPLOYMENT AGREEMENTS WHICH WILL COME BACK BEFORE
THE BOARD AT THE NEXT FULL BOARD MEETING TO BE RATIFIED
ON THE CONSENT AGENDA. THE NEW DIRECTORS WILL BEGIN WORK
ON FEBRUARY 1.
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE
MEETING WAS ADJOURNED AT 4:12 P.M., TO RECONVENE AT A
REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY,
FEBRUARY 12, 2002, AT 9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
Lawrence D. Odle, Interim Chief Administrative
Officer and Clerk of the Board of Supervisors
By
Page 37 January 29, 2002