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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
February 12, 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.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Pastor wes Bristol, Magalia Community Church.
02-029 Items removed from the Consent Agenda for Board consideration and
action. (107)
1. Community Action Agency - action requested - REAPPOINT JOE
MATZ, DISTRICT 3 REPRESENTATIVE, TO A TERM TO END
DECEMBER 31, 2004.
THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION
OR ACTION.
2. Butte County Transit Employee Reduced Fare Tickets - Board
approval is requested by the Public works Department to
utilize $2,000 in Transportation Development Act funds to
cover the cost of reduced employee transit tickets on Butte
County Transit for the remainder of the fiscal year.
Historically this cost has been covered by a grant from the
Air Quality Management District. Remaining grant funds from
fiscal year 2000-2001 were intended to cover the program
costs for fiscal year 2001-2002; however, the funds will not
cover the entire fiscal year. The department is proposing
to utilize Transportation Development Act funds to allow the
program to continue through this fiscal year. The department
will apply for grant funds to continue the program through
fiscal year 2002-2003, and will request, as part of the grant
application, sufficient funds to reimburse the shortfall for
this fiscal year - action requested - AUTHORIZE THE USE OF
TRANSPORTATION DEVELOPMENT ACT FUNDS TO COVER THE COST OF
REDUCED EMPLOYEE TRANSIT TICKETS FOR THE REMAINDER OF THIS
FISCAL YEAR.
Page 39 February 12, 2002
February 12, 2001
02-029
3. Intelliwaste, Inc. - Amendment - Board approval is requested
by the Public works Department for an amendment to the
agreement with Intelliwaste, Inc., for negotiation services
regarding the operations contract for the Neal Road Landfill.
The amendment increases the maximum amount payable by $66,670
(Neal Road Landfill budget) to provide for continued
negotiations - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11180)
Consent Agenda
02-030
1. Approval of Minutes - action requested - APPROVE MINUTES OF
DECEMBER 11, 2001, AND DECEMBER 18, 2001.
2. Budget Transfer - action requested - APPROVE BUDGET TRANSFER
B-244 (BEHAVIORAL HEALTH).
3. Blossom Estates Subdivision - Formation of a County Service
Area - Ed McLaughlin and Steve McNelis have requested
formation of a County Service Area for street lighting and
storm drainage maintenance services for the Blossom Estates
Subdivision. The formation is subject to ballot proceeding
requirements and approval by the Local Agency Formation
Commission. Board approval is requested by the Public works
Department to set a public hearing for April 9, 2002, at
10:30 a.m., for the purpose of conducting a protest hearing
and ballot proceeding. Board approval is also requested to
adopt a resolution making application to the Local Agency
Formation Commission - action requested - SET PUBLIC HEARING
FOR APRIL 9, 2002, AT 10:30 A.M.; AND ADOPT RESOLUTION 02-022
AND AUTHORIZE THE CHAIR TO SIGN.
4. Oroville Cemetery District - action requested - REAPPOINT
JAMES L. EDWARDS, TRUSTEE, TO A TERM TO END JANUARY 1, 2005;
AND APPOINT MARK WISTERMAN, TRUSTEE, TO A TERM TO END
JANUARY 1, 2006.
5. Southside Oroville Community Center - Contract Change Order
(CCO) No. 8 - CCO No. 8, in the increasing amount
of $28,661.44 (construction contingency budget), provides for
changes to building specifications, and for repair of the
parking lot necessitated by a sewage leak - action
requested - APPROVE CONTRACT CHANGE ORDER NO. 8 AND AUTHORIZE
THE GENERAL SERVICES DIRECTOR TO SIGN.
6. Butte County Juvenile Hall Project - Contract Change Order
(CCO) No. 6 - CCO No. 6, in the increasing amount of
$31,312.40 (construction contingencies budget), provides for
550 feet of trenching and digging, placement of 4" conduit,
and splice boxes and fittings as required by Pacific Gas and
Electric Company - action requested - APPROVE CONTRACT CHANGE
ORDER NO. 6 AND AUTHORIZE THE GENERAL SERVICES DIRECTOR TO
SIGN.
Page 40 February 12, 2002
February 12, 2001
02-030 7. Public Health - Increased Funding for the California Children
Services Program - Board approval is requested by the Public
Health Department to transfer $200, 000 from the Motor Vehicle
Realignment Trust Fund which will be utilized to offset an
expected increase in program costs for the California
Children Services Program for fiscal year 2001-2002.
Unanticipated high cost cases have been incurred this year
and additional funds are needed to ensure sufficient funds
are available for the program. The State will match the
County increase in funds on a one to one basis - action
requested - APPROVE BUDGET TRANSFER B-243 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED TRUST FUND REVENUE.
8. Fire Department - Transfer of Prior Year Encumbrance - Board
approval is requested by the Fire Department to transfer
$4,012 of a prior year encumbrance which was to be used to
remodel Chico Station 6/43. The encumbered funds were not
all expended last year, and a budget transfer is requested
to fund the purchase and installation of carpet and linoleum
for the station - action requested - APPROVE BUDGET TRANSFER
B-242 (4 /5 vote required) AND APPROVE PURCHASE AND
INSTALLATION OF CARPET AND LINOLEUM FOR CHICO STATION 6/43
IN THE AMOUNT OF $4,012.
9. Cost of Medical Services in the Butte County Jail - the
Sheriff informs the Board that the Incarceration Division is
facing substantial contractual cost increases for the
provision of medical services to inmates in the Butte County
Jail. Negotiations are continuing with the current
contractor, but current negotiations have resulted in a 620
increase in monthly fees charged by the contractor. The
Sheriff's Office is also pursuing the Request For Proposal
process for medical services. Once a resolution has been
achieved regarding a contract for the provision of medical
services for the jail, the Sheriff will return to the Board
to request a budget appropriation to cover the increased
cost - action requested - ACCEPT FOR INFORMATION.
10. Adoption 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 - ADOPT
ORDINANCE 3799 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-29-
02 [3.18] )
Page 41 February 12, 2002
February 12, 2001
02-030 11. Adoption 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 - ADOPT ORDINANCE 3800 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 1-29-02 [3.19])
12. Adoption 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 - ADOPT ORDINANCE 3801 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 1-29-02 [3.20])
13. Adoption 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 - ADOPT ORDINANCE 3802 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 1-29-02 [3.21])
14. Adoption 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 - action requested - ADOPT ORDINANCE 3803 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 1-29-02 [3.22])
15. Adoption 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 - ADOPT ORDINANCE 3804 AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 1-29-02 [3.23])
Page 42 February 12, 2002
February 12, 2001
02-030 16. Adoption 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 - ADOPT ORDINANCE 3805 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 1-29-02 [3.24])
17. Adoption 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 - ADOPT ORDINANCE 3806 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 1-29-02 [3.25])
18. Adoption 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 -
ADOPT ORDINANCE 3807 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
1-29-02 [3.26] )
19. Adoption of an Ordinance - Salary Ordinance Amendments - 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 - ADOPT ORDINANCE 3808 AND AUTHORIZE THE CHAIR TO
SIGN. (FROM 1-29-02 [3.27])
Page 43 February 12, 2002
February 12, 2001
02-030 20. Adoption of an Ordinance - In-Home Supportive Services Public
Authority - consideration of an ordinance establishing the
Butte County In-Home Supportive Services Public Authority -
action requested - ADOPT ORDINANCE 3809 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 1-29-02 [4.06])
21. Introduction of a Salary Ordinance Amendment - the District
Attorney has requested the Department of Human Resources
prepare a salary ordinance amendment which extends the term
dates of one position of Mental Health Counselor, and one
half-time flexibly staffed position of District Attorney
Investigator II/I from February 28, 2002, to June 30, 2002.
The positions are in support of the Violence Against women
Vertical Prosecution Grant, and grant funding has been
extended through June 30, 2002. The District Attorney has
also requested the Human Resources Department convert the
half-time District Attorney Investigator II/I position from
a term position to a regular position with a sunset date of
June 30, 2002 - 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 converts the
following term positions to regular positions with sunset
dates: one position of District Attorney Investigator II/I,
sunset date of June 30, 2002; one position of Investigative
Assistant, sunset date of August 31, 2002; and one position
of Legal Typist Clerk/Office Assistant III, sunset date of
June 30, 2002. The positions are funded by grants which are
expected to be continued on a yearly basis. Converting the
positions will allow the incumbents to accrue seniority -
action requested - WAIVE READING OF THE ORDINANCE.
23. Introduction of a Salary Ordinance Amendment - the District
Attorney has requested the Department of Human Resources
prepare a salary ordinance amendment which adds one half-time
flexibly staffed position of Deputy District Attorney
IV/III/II/I to an existing half-time position of Deputy
District Attorney IV/III/II/I to create one full-time
position with a sunset date of June 30, 2004. The original
half-time position was funded with Mentally Ill Offender
Crime Reduction Grant funds. The additional half-time
position will be funded with Proposition 36 funds and funding
from contingencies pursuant to Board direction - action
requested - WAIVE READING OF THE ORDINANCE.
Page 44 February 12, 2002
February 12, 2001
02-030 24. Introduction of a Salary Ordinance Amendment - the Library
has requested the Department of Human Resources prepare a
salary ordinance amendment which adds one half-time position
of Library Assistant II. The position will be combined with
an existing half-time position of Library Assistant II to
create one full-time position with a sunset date of
June 30, 2002. The positions are fully funded by grant funds
received from the California State Library and the Butte
County Children and Families Commission, and will be renewed
each year based on grant renewals - action requested - WAIVE
READING OF THE ORDINANCE.
25. Introduction of a Salary Ordinance Amendment - the Department
of Human Resources has prepared an agenda item which corrects
the following two errors contained in the latest
comprehensive salary ordinance: 1) the classification of
Administrative Services Assistant did not include the 3o Cost
of Living Allowance increase effective September 29, 2001;
and 2) the classification of Secretary I did not receive the
3.640 market adjustment effective December 22, 2001 - action
requested - WAIVE READING OF THE ORDINANCE.
26. Resolution Extending Insurance Coverage to the Local Agency
Formation Commission - the Local Agency Formation Commission
contracts with the County for workers' compensation and
liability insurance. The County's excess insurance carrier
has requested the County adopt a resolution formally
extending the County's self-insurance and excess insurance
coverage to the Local Agency Formation Commission - action
requested - ADOPT RESOLUTION 02-023 AND AUTHORIZE THE CHAIR
TO SIGN.
27. Resolution Approving the Proposed Overall Annual
Disadvantaged Business Enterprise (DBE) Goal of 12o for
Federal Fiscal Year 2002 - Board approval is requested by the
Public works Department for a resolution which would approve
the proposed Overall Annual Goal of 12o for Federal fiscal
year 2002, for adoption and submission to the California
Department of Transportation as a condition of federal
financial assistance - action requested - ADOPT RESOLUTION
02-024 AND AUTHORIZE THE CHAIR TO SIGN.
Page 45 February 12, 2002
February 12, 2001
02-030 28. Reclassification of State Route 32 - Board approval is
requested by the Public works Department for a resolution
which supports the reclassification of State Route 32, from
State Route 99 (post mile 10.5) to Hog Springs/Humboldt Road
(post mile 15.1), from its current freeway designation to a
controlled access highway. In March 1972 the County entered
into a Freeway Agreement with the State of California for the
section of State Route 32 between State Route 99 and Hog
Springs/Humboldt Road (post mile 10.5 to 15.1). At that time
the entire section of the road was in the unincorporated area
of the County. Since that date, the City of Chico has
annexed a majority of the area between State Route 99 and
Yosemite Drive. Staff from the City of Chico have approached
the County with the proposal to denominate the proposed
section of State Route 32 from a future freeway status to a
controlled access highway, and County staff support this
request. The Butte County Association of Governments has
reviewed the proposed action and will coordinate with
CalTrans on the process to amend the existing agreement -
ADOPT RESOLUTION 02-025 AND AUTHORIZE THE CHAIR TO SIGN.
29. west 8t'' Avenue Road Improvements - Cotton Bridges Associates,
Inc. - Amendment - Board approval is requested by the Public
works Department for an amendment to the agreement with
Cotton Bridges Associates, Inc., for environmental services
in support of the west 8t'' Avenue Road Improvements Project.
The amendment increases the maximum amount payable by $20,165
(department budget) to provide for additional technical
studies necessary to comply with the Federal and State
Historic Preservation Acts as administered by the Federal
Highway Administration. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No.
X13226)
30. Roadway Improvements within the County of Butte Jurisdiction
on Palmetto Avenue Between Arbutus Avenue and Moss Avenue -
Amendment to Letter Agreement - Board approval is requested
by the Public works Department for an amendment to the letter
agreement with the City of Chico to encroach into the public
right-of-way to construct roadway improvements on Palmetto
Avenue between Arbutus Avenue and Moss Avenue. The proposed
amendment to the Letter of Agreement extends the encroachment
date from December 31, 2001, to June 30, 2002, to provide for
the amended scheduled completion date for the project. All
other terms and provisions remain the same - action
requested - APPROVE AMENDMENT TO LETTER AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
Page 46 February 12, 2002
February 12, 2001
02-030 31. Construction of Bike Lanes Along El Monte Avenue Between
State Route 32 and East 8t'' Street - Amendment to Letter
Agreement - Board approval is requested by the Public works
Department for an amendment to the letter agreement with the
City of Chico to encroach into the public right-of-way to
construct bike lanes along El Monte Avenue between State
Route 32 and East 8t'' Street. The proposed amendment to the
Letter of Agreement extends the encroachment date from
December 31, 2001, to December 31, 2002, to provide for the
amended scheduled completion date for the project. All other
terms and provisions remain the same - action requested -
APPROVE AMENDMENT TO LETTER AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN.
32. 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 30
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. (FROM 1-29-02 [3.51])
33. Sharon A. Stone - Employment Agreement - Board ratification
is requested by the Chief Administrative Officer for an
employment agreement with Sharon A. Stone to serve as
Director of Child Support Services. The term of the
agreement is February 1, 2002, through January 31, 2005, with
a compensation rate of $98,000 per year, a monthly mileage
allowance of $520 per month, and a cellular phone allowance
of $70 per month - action requested - RATIFY AGREEMENT SIGNED
BY CHAIR JOSIASSEN.
34. Fred Davis and Associates - Consulting Contract for Butte
County Interim Director-Development Services - Board
ratification is requested by the Chief Administrative Officer
for a consulting agreement with Fred Davis and Associates for
the services of Fred Davis to act as Interim Director-
Development Services. The term of the agreement is
February 1, 2002, through May 1, 2002, with a compensation
rate of $75.00 per hour to a maximum amount payable of
$55,000 (department budget) - action requested - RATIFY
AGREEMENT SIGNED BY CHAIR JOSIASSEN.
Page 47 February 12, 2002
February 12, 2001
02-030 35. California Mental Health Directors Association - Amendment -
Board approval is requested by the Butte County Department
of Behavioral Health for an amendment to the agreement with
the California Mental Health Directors Association which
provides for the provision of necessary speciality mental
health services for full scope Medi-Cal beneficiaries under
the age of 18 who are placed outside the County. The
amendment extends the term to include fiscal year 2001-2002,
and increases the maximum amount payable by $25,000
(department budget). In order to implement the amendment,
the County must authorize the State Department of Mental
Health to transfer to the California Mental Health Directors
Association $50,140 from the County's State General Fund
allocation for Early and Periodic Screening, Diagnosis and
Treatment. These funds will be matched by Medi-Cal Federal
Financial Participation funds in the amount of $25,000 -
action requested - ADOPT RESOLUTION 02-026 AUTHORIZING
TRANSFER OF FUNDS AND AUTHORIZE THE CHAIR TO SIGN; AND
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X11598)
36. Superior Janitorial - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health for an
amendment to the agreement with Superior Janitorial for
janitorial services for Behavioral Health offices. The
amendment provides for the inclusion of three additional
sites (107 Parmac Road, Suite 4, and 109 Parmac Road, Suites
1, 2, and 2A), and increases the maximum amount payable by
$17,748 ($5,916 for fiscal year 2001-2002, and $11,832 for
fiscal year 2002-2003 [department budget]). All other terms
and provisions remain the same - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13045)
37. Oroville Recovery Center - Board approval is requested by the
Butte County Department of Behavioral Health for an agreement
with Oroville Recovery Center for the provision of
residential drug and alcohol treatment for CalwORKs
referrals. The term of the agreement is September 1, 2001,
through June 30, 2002, with a maximum amount payable of
$30,000 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13331)
38. Charles Carey - Amendment - Board approval is requested by
the Department of Child Support Services for an amendment to
the lease agreement with Charles Carey for the building
located at 1997 Bird Street, Oroville. The amendment
increases the maximum amount payable by $2,443.75 (department
budget) to provide for a communication line installation
inadvertently omitted from the original agreement. All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13335)
Page 48 February 12, 2002
February 12, 2001
02-030 39. Mooretown Rancheria - Cooperative Agreement - Board approval
is requested by the Fire Department for a cooperative
agreement with the Mooretown Rancheria for the provision of
fire services. The term of the agreement is January 1, 2002,
through June 30, 2004. In consideration for the services
provided by the Fire Department, the Rancheria will: 1)
maintain a fire brigade; 2) train and equip the brigade to
local, State and National standards; 3) respond to fire
emergencies on the Rancheria; and 4) sign an Operational
Letter of Understanding to activate this agreement. No funds
will be exchanged under this agreement - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
40. Applied Testing Consultants, Inc. - Amendment - Board
approval is requested by the General Services Director for
an amendment to the agreement with Applied Testing
Consultants, Inc., for the provision of inspection and
testing services for the new juvenile hall project. The
amendment increases the maximum amount payable by $76,674
(project contingency budget) as a result of site conditions
encountered during construction which have necessitated
greater on-site attendance by the inspectors. All other
terms and provisions remain the same - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X12061)
41. Enloe Medical Center - County Service Area No. 37 (Gridley-
Biggs Ambulance) - Amendment - Board approval is requested
by the Public Health Department for an amendment to the
agreement with Enloe Medical Center for the provision of
ambulance services to County Service Area No. 37. The
amendment adds language to provide provisions for termination
of the agreement. All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13329)
42. California Department of Health Services - Board approval is
requested by the Public Health Department for a revenue
agreement with the California Department of Health Services
for funds to support immunization activities. The term of
the agreement is January 1, 2002, through December 31, 2002,
with a maximum amount payable to the County of $46, 530 (State
funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
Page 49 February 12, 2002
February 12, 2001
02-030
MOTION
VOTE
43. 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. (FROM
1-29-02 [3.63] )
44. Probation Peace Officers' Association - on November 5, 2001,
the Employee Relations Officer recognized the Butte County
Probation Peace Officers' Association as an appropriate
bargaining unit under Butte County Personnel Rules. The
bargaining unit will be comprised of the classifications of
Juvenile Hall Counselors I, II, III; Deputy Probation
Officers I, II, III; and Supervising Deputy Probation
Officers. On January 17, 2002, a unanimous vote elected the
Butte County Probation Peace Officers' Association as the
body to represent the classifications with respect to wages,
hours, and other terms and conditions of employment. The
Department of Human Resources is requesting the Board
recognize the Butte County Probation Peace Officers'
Association as the exclusive representative for the purpose
of meeting and conferring with the County with respect to
wages, hours, and other terms and conditions of employment -
action requested - RECOGNIZE BUTTE COUNTY PROBATION PEACE
OFFICERS' ASSOCIATION AS EXCLUSIVE REPRESENTATIVE FOR THE
PURPOSE OF MEETING AND CONFERRING WITH THE COUNTY.
45. Terrence Starr - Employment Agreement - Interim Chief
Probation Officer - Board approval is requested by the
Superior Court of California-County of Butte as appointing
authority, for an employment agreement with Terrence Starr
to serve as Interim Chief Probation Officer. The agreement
provides for the Chief Probation Officer to meet monthly with
County Administration to review performance as agreed to by
the Court. The term of the agreement is six months, with a
compensation rate of $3,563 per pay period, to a maximum of
$46,319 (department budget) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (117)
I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS
3.05, 3.10 AND 3.45
M S
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 50
Februarv 12. 2002
February 12, 2001
Regular Agenda
02-031 Appointments - Boards, Commissions, and Committees. (142)
1. Appointments to listed vacancies.
MOTION: I MOVE TO APPOINT DEE HUNTER, DISTRICT 1 REPRESENTATIVE, TO THE
CODE ENFORCEMENT ADVISORY COMMITTEE.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
BOARD DIRECTION THAT THE ADMINISTRATIVE OFFICE PLACE AN AD LISTING
ALL THE VACANCIES FOR THE VARIOUS BOARDS, COMMISSIONS AND
COMMITTEES.
2. Butte County water Commission - consideration of an
appointment to the Landowner-District water vacancy - action
requested - APPOINT REPRESENTATIVE TO A TERM TO END MARCH 1,
2005. (FROM 1-8-02 [4.01(2)])
MOTION: I MOVE TO APPOINT RYAN SCHOHR, LANDOWNER DISTRICT REPRESENTATIVE,
TO A TERM TO END MARCH 1, 2005.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
3. Board of Supervisors' Committee Assignments - consideration
of the various board, commission, and committee assignments
for Board of Supervisors members - action requested - ALTER
OR REAFFIRM CURRENT COMMITTEE ASSIGNMENTS LISTING; AND MAKE
NEEDED APPOINTMENTS.
MOTION: I MOVE TO APPOINT SUPERVISOR JOSIASSEN, REPRESENTATIVE, SUPERVISOR
YAMAGUCHI, ALTERNATE, TO THE NATIONAL ASSOCIATION OF COUNTIES TO
A TERM TO END JANUARY 2003.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT SUPERVISOR BEELER, REPRESENTATIVE, AND
SUPERVISOR YAMAGUCHI, ALTERNATE, TO THE REGIONAL COUNCIL OF RURAL
COUNTIES TO A TERM TO END FEBRUARY 2003.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT SUPERVISOR DOLAN AND SUPERVISOR HOUX AS
REPRESENTATIVES TO THE REDEVELOPMENT COMMITTEE FOR THE GREATER
CHICO URBAN AREA REDEVELOPMENT PROJECT AREA.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
THE REMAINDER OF THE COMMITTEE ASSIGNMENTS WERE NOT ACTED UPON BY
THE BOARD. THE LIST IS TO BE REVIEWED BY THE CHIEF ADMINISTRATIVE
OFFICER AND COUNTY COUNSEL TO DETERMINE IF SOME COMMITTEES CAN BE
COMBINED AND/OR DISBANDED. ACTION ON THE REMAINDER OF THE
COMMITTEE ASSIGNMENTS WILL RETURN ON A SUBSEQUENT AGENDA.
Page 51 February 12, 2002
February 12, 2001
CHAIR JOSIASSEN INTRODUCES SHARON STONE, NEW DIRECTOR OF CHILD
SUPPORT SERVICES, AND FRED DAVIS, NEW INTERIM DIRECTOR OF
DEVELOPMENT SERVICES.
02-031 4. Subcommittee to Review Department Goals and Performance
Expectations - consideration of a two member subcommittee for
the purpose of reviewing the departments' submitted goals and
performance expectations to be included in the Butte County
Budget for fiscal year 2002-2003 - action requested - APPOINT
TWO MEMBER SUBCOMMITTEE.
SUBCOMMITTEE APPOINTMENTS TO BE CONSIDERED FOLLOWING THE
PRESENTATION ON THE PERIODIC FISCAL STATUS REPORT.
02-032 Update on legislative and budget activities. (642) LAWRENCE ODLE,
INTERIM CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT A
REPORT WHICH REVIEWS THE STATEWIDE PROBATION ISSUES HAS BEEN
RELEASED AND COUNTIES HAVE UNTIL THE MIDDLE OF MARCH TO PREPARE
COMMENTS ON THAT REPORT.
02-033 Regional Council of Rural Counties - Presentation by Brent
Harrington, President, Regional Council of Rural Counties - action
requested - ACCEPT FOR INFORMATION. (670)
PRESENTATION TO THE BOARD BY BRENT HARRINGTON, PRESIDENT; JOHN
HOFMANN, DIRECTOR NATURAL RESOURCES; AND CHARLES WILLARD, BOARD
MEMBER, REGIONAL COUNCIL OF RURAL COUNTIES.
RECESS: 10:01 A.M.
RECONVENE: 10:13 A.M.
Public Comment
02-034 COMMENTS REGARDING ITEMS NOT LISTED ON THE AGENDA. 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. (2018)
1. NORIE WHEELER ADDRESSED THE BOARD REGARDING THE CODE
ENFORCEMENT ADVISORY COMMITTEE, INTRODUCED ALL CITIZENS
PRESENT TO SUPPORT THE CODE ENFORCEMENT ADVISORY BOARD,
THANKED THE BOARD FOR THEIR WORK TO DATE, AND ENCOURAGED THE
BOARD TO CONTINUE TO MAKE THEIR APPOINTMENTS TO THE COMMITTEE
TO CONTINUE TO MOVE THIS ITEM FORWARD.
2. WILLIAM PARKER ADDRESSED THE BOARD REGARDING THE CODE
ENFORCEMENT ADVISORY COMMITTEE AND EXPRESSED HOW NECESSARY
HE FELT THE PROGRAM IS, AND THE BOARD'S SUPPORT OF THE
PROGRAM.
Page 52 February 12, 2002
February 12, 2001
02-034 3. GRETCHEN MUELLER ADDRESSED THE BOARD TO THANK IT FOR ITS
SUPPORT OF THE CODE ENFORCEMENT PROGRAM AND ENCOURAGED THE
BOARD TO CONTINUE THEIR SUPPORT.
Regular Agenda
02-035 Periodic Fiscal Status Report on the Fiscal Year 2001-2002 Butte
County Budget - Report to the Board - fiscal forecast update and
status of year-to-date expenditures and revenues - action
requested - ACCEPT FOR INFORMATION. (2405) (**00)
PRESENTATION TO THE BOARD BY LAWRENCE ODLE, INTERIM CHIEF
ADMINISTRATIVE OFFICER, AND CYNDI MANN, DEPUTY CHIEF
ADMINISTRATIVE OFFICER.
Subcommittee to Review Department Goals and Performance
Expectations - consideration of a two member subcommittee for the
purpose of reviewing the departments' submitted goals and
performance expectations to be included in the Butte County Budget
for fiscal year 2002-2003 - action requested - APPOINT TWO MEMBER
SUBCOMMITTEE. (**1418)
MOTION: I MOVE TO APPOINT SUPERVISORS JOSIASSEN AND BEELER TO THE
SUBCOMMITTEE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO AMEND MY MOTION TO INCLUDE THE AUDITOR-CONTROLLER AND
THE TREASURER- TAX COLLECTOR ON THE COMMITTEE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-036 Recess as the Butte County Board of Supervisors and convene as the
Butte County Public Facilities Financing Corporation Board of
Directors. (**1675)
Butte County Public Facilities Financingr Corporation
1. Call to Order - Board of Supervisors Room, 25 County Center
Drive, Oroville.
2. Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 13, 2001.
MOTION: I MOVE TO APPROVE THE MINUTES OF FEBRUARY 13, 2001.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 53 February 12, 2002
February 12, 2001
02-036 3. Appointment of New Officers - President: Chair Josiassen;
Vice President: Supervisor Beeler; Secretary/Treasurer: Dick
Puelicher; and Lessee Representative: Karen white.
MOTION: I MOVE TO APPOINT CHAIR JOSIASSEN, PRESIDENT; SUPERVISOR BEELER,
VICE PRESIDENT; DICK PUELICHER, SECRETARY/TREASURER; AND KAREN
WHITE, LESSEE REPRESENTATIVE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
4. Public Comment. (NONE)
5. Other Business. (NONE)
ADJOURN AS THE BUTTE COUNTY PUBLIC FACILITIES FINANCING
CORPORATION BOARD OF DIRECTORS AND RECONVENE AS THE BUTTE COUNTY
BOARD OF SUPERVISORS.
Regular Agenda
02-037 Reconsideration of a Motion. (**1790)
COUNTY COUNSEL INFORMED THE BOARD THAT THE ADDITION OF THE
AUDITOR-CONTROLLER AND TREASURER-TAX COLLECTOR TO THE SUBCOMMITTEE
TO CONSIDER DEPARTMENT GOALS CREATED A BROWN ACT COMMITTEE. THE
ITEM WAS RECONSIDERED BASED ON THAT INFORMATION.
Subcommittee to Review Department Goals and Performance
Expectations - consideration of a two member subcommittee for the
purpose of reviewing the departments' submitted goals and
performance expectations to be included in the Butte County Budget
for fiscal year 2002-2003 - action requested - APPOINT TWO MEMBER
SUBCOMMITTEE.
MOTION: I MOVE TO APPOINT SUPERVISORS JOSIASSEN AND BEELER TO THE
SUBCOMMITTEE, AND FURTHER MOVE TO DIRECT THE AUDITOR-CONTROLLER
AND TREASURER-TAX COLLECTOR ASSIST THE SUBCOMMITTEE.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-038 CLOSED SESSION: THE BOARD RECESSED AT 11:41 A.M. TO A CLOSED
SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF
ADMINISTRATIVE OFFICER. (**1922)
RECONVENE: THE BOARD RECONVENED AT 12:53 P.M., FROM A CLOSED
SESSION CONFERENCE TO DISCUSS PUBLIC EMPLOYEE
EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO
GOVERNMENT CODE SECTION 54957: CHIEF
ADMINISTRATIVE OFFICER. (**1953) (NO
ANNOUNCEMENTS)
Page 54 February 12, 2002
February 12, 2001
Regular Agenda
02-039 Certification of Environmental Impact Report - Neal Road
Landfill - on December 12, 2001, the Board conducted a Public
Hearing for the purpose of receiving comments on the draft
Environmental Impact Report for the Neal Road Landfill Expansion
Project. All comments received from the members of the public and
regulatory agencies have been addressed, and certification of the
Final Environmental Impact Report is proposed - action requested -
ADOPT THE FINDINGS OF FACT DATED JANUARY 2002 AND CERTIFY THE
ENVIRONMENTAL IMPACT REPORT FOR THE NEAL ROAD LANDFILL EXPANSION
PROJECT. (**1982)
MOTION: I MOVE TO ADOPT THE FINDINGS OF FACT DATED JANUARY 2002 AND
CERTIFY THE ENVIRONMENTAL IMPACT REPORT FOR THE NEAL ROAD LANDFILL
EXPANSION PROJECT.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-040 Proposed Butte County Rule 20A Underground Utility Program -
discussion of the County's proposed Rule 20A Underground Utility
Districting Program and list of proposed future projects - action
requested - DIRECT STAFF TO PROCEED WITH PURSUING THE PROPOSED
RULE 20A UNDERGROUND UTILITY PROGRAM AND PROPOSED RULE 20A
UNDERGROUND UTILITY DISTRICTS. (**2232)
MOTION: I MOVE TO DIRECT STAFF TO PROCEED WITH PURSUING THE PROPOSED RULE
20A UNDERGROUND UTILITY PROGRAM AND PROPOSED RULE 20A UNDERGROUND
UTILITY DISTRICTS.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 55 February 12, 2002
February 12, 2001
02-041 Items removed from the Consent Agenda for Board consideration and
action. (**3049) (***00)
1. Butte County Transit Employee Reduced Fare Tickets - Board
approval is requested by the Public works Department to
utilize $2,000 in Transportation Development Act funds to
cover the cost of reduced employee transit tickets on Butte
County Transit for the remainder of the fiscal year.
Historically this cost has been covered by a grant from the
Air Quality Management District. Remaining grant funds from
fiscal year 2000-2001 were intended to cover the program
costs for fiscal year 2001-2002; however, the funds will not
cover the entire fiscal year. The department is proposing
to utilize Transportation Development Act funds to allow the
program to continue through this fiscal year. The department
will apply for grant funds to continue the program through
fiscal year 2002-2003, and will request, as part of the grant
application, sufficient funds to reimburse the shortfall for
this fiscal year - action requested - AUTHORIZE THE USE OF
TRANSPORTATION DEVELOPMENT ACT FUNDS TO COVER THE COST OF
REDUCED EMPLOYEE TRANSIT TICKETS FOR THE REMAINDER OF THIS
FISCAL YEAR.
ADDITIONAL INFORMATION IS TO BE PROVIDED TO THE BOARD
REGARDING RIDER-SHIP AND COUNTY COUNSEL IS TO REVIEW THE
ISSUE OF A GIFT OF PUBLIC FUNDS . THE ITEM WILL RETURN ON THE
NEXT AGENDA.
2. Intelliwaste, Inc. - Amendment - Board approval is requested
by the Public works Department for an amendment to the
agreement with Intelliwaste, Inc., for negotiation services
regarding the operations contract for the Neal Road Landfill.
The amendment increases the maximum amount payable by $66,670
(Neal Road Landfill budget) to provide for continued
negotiations - action requested - APPROVE AGREEMENT AMENDMENT
AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11180)
MOTION: I MOVE TO APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-042 Public Hearing and Timed Items (NO ITEMS)
Page 56 February 12, 2002
February 12, 2001
02-043 Public Comment
COMMENTS REGARDING ITEMS NOT LISTED ON THE AGENDA. 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. (**1154)
1. JOHN GILLANDER ADDRESSED THE BOARD TO ASK ABOUT THE MERF
SYSTEM AND ABOUT SOLID WASTE IN THE COUNTY.
02-044 CLOSED SESSION: THE BOARD RECESSED AT 2:00 P.M. TO A CONFERENCE
WITH LEGAL COUNSEL REGARDING ANTICIPATED
LITIGATION - SIGNIFICANT EXPOSURE TO LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE; AND CONFERENCE
WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8: PROPERTY: 280 B
STREET, BIGGS; AGENCY NEGOTIATOR: BILL CURRY,
GENERAL SERVICES DIRECTOR; NEGOTIATING PARTIES:
COUNTY OF BUTTE AND BIGGS UNIFIED SCHOOL
DISTRICT; UNDER NEGOTIATION: PRICE AND TERMS OF
PAYMENT. (**1210)
RECONVENE: THE BOARD RECONVENED AT 2:25 P.M. FROM A
CONFERENCE WITH LEGAL COUNSEL REGARDING
ANTICIPATED LITIGATION - SIGNIFICANT EXPOSURE TO
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(b)(1) ONE POTENTIAL CASE; AND CONFERENCE
WITH REAL PROPERTY NEGOTIATORS PURSUANT TO
GOVERNMENT CODE SECTION 54956.8: PROPERTY: 280 B
STREET, BIGGS; AGENCY NEGOTIATOR: BILL CURRY,
GENERAL SERVICES DIRECTOR; NEGOTIATING PARTIES:
COUNTY OF BUTTE AND BIGGS UNIFIED SCHOOL
DISTRICT; UNDER NEGOTIATION: PRICE AND TERMS OF
PAYMENT. (**1248) (NO ANNOUNCEMENTS)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:25 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, FEBRUARY 26, 2002, AT 9:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
Lawrence Odle, Interim Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 57 February 12, 2002