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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 26, 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 Dave Sweet, Calvary Chapel of Paradise.
02-045 Items removed from the Consent Agenda for Board consideration or
action. (95)
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 - 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. (FROM 2-12-02 [3.10])
2. Lawrence D. Odle - Employment Agreement Amendment - Board
approval is requested for an amendment to the agreement with
Lawrence D. Odle to serve as Interim Chief Administrative
Officer. The amendment extends the term of the agreement for
up to three months - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
Page 58 February 26, 2002
February 26, 2002
02-045 3. State Fair Booth 2002 - the Treasurer-Tax Collector has been
coordinating the County's exhibit at the State Fair for the
past three years, and is willing to assume that responsibility
for 2002. The department intends to contract with Richard Bay
and Associates for construction of the exhibit for the flat
rate of $5,000 plus any prize money received. The $5,000 has
been included in the department's budget, and Board approval is
requested to formally authorize the Treasurer-Tax Collector as
official representative pursuant to the California State Fair
requirements - action requested - APPOINT TREASURER-TAX
COLLECTOR'S DEPARTMENT AS THE COUNTY'S OFFICIAL REPRESENTATIVE
TO THE CALIFORNIA STATE FAIR AND AUTHORIZE THE CHAIR TO SIGN
COUNTIES EXHIBIT ENTRY FORM.
4. Letter of Support - the City of Live Oak is requesting the
Board approve a letter of support to Governor Davis requesting
the State reconsider continued funding of the Leo Chesney
Community Correctional Facility - action requested - APPROVE
LETTER AND AUTHORIZE THE CHAIR TO SIGN.
Consent A_ecr nda
02-046 1. Approval of Minutes - action requested - APPROVE MINUTES OF
JANUARY 8, 2002.
2. Library Donations - in accordance with Government Code Section
25355, donations of $3,071 from the Chico Friends of the
Library, $2,000 from the Paradise Friends of the Library,
$894.60 from the Oroville Friends of the Library, and $125 from
the Senior Craft Circle of Chico, have been received for the
Butte County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
3. Oroville Cemetery District - action requested - APPOINT STEPHEN
HERR, TRUSTEE, TO A TERM TO END JANUARY 1, 2003.
4. Law Library Trustees - action requested - REAPPOINT RAOUL
LECLERC, BAR ASSOCIATION REPRESENTATIVE, AND GARY KNIPEEN, EX
OFFICIO TRUSTEE AND BOARD DESIGNEE, TO TERMS TO END
JANUARY 2003.
5. Butte County Behavioral Health Board - action requested -
REAPPOINT JENNIFER LEUBE, CONSUMER CATEGORY, JANET TAYLOR,
FAMILY MEMBER CATEGORY, JEFF ZELSDORF, PROFESSIONAL CATEGORY,
AND JOHN RUCKER, PROFESSIONAL CATEGORY, TO TERMS TO END
DECEMBER 31, 2004.
Page 59 February 26, 2002
February 26, 2002
02-046 6. Butte County Courthouse Expansion - the Superior Court of
California-County of Butte has received $1.4 million from the
State to design and complete a courthouse expansion to
accommodate one new judgeship allocated to Butte County through
Senate Bill 1857. Through the design and concept process for
the proposed expansion it was determined that the proposed
expansion site could support two additional courtrooms. In
response to this information, the Superior Court of California-
County of Butte has identified and allocated additional funding
to cover the cost of a second courtroom, judges chambers, jury
room and staff area - action requested - ACCEPT THE COURT'S
PROPOSAL TO EXPAND THE BUTTE COUNTY COURTHOUSE TO PROVIDE TWO
ADDITIONAL COURTROOMS, TWO ADDITIONAL CHAMBERS, ONE ADDITIONAL
JURY DELIBERATION ROOM AND ADDITIONAL SPACE TO ACCOMMODATE
SUPPORT STAFF, NOTING THAT THE COSTS ASSOCIATED WITH THE DESIGN
AND CONSTRUCTION OF THE EXPANSION WILL BE BORNE BY THE COURT;
DIRECT COUNTY ADMINISTRATION STAFF TO WORK WITH THE COURT TO
PREPARE AND ISSUE A REQUEST FOR PROPOSAL TO BEGIN THE
ARCHITECTURAL AND ENGINEERING WORK NECESSARY TO PREPARE
DRAWINGS AND PLANS TO IMPLEMENT A CONSTRUCTION BID PROCESS; AND
DIRECT COUNTY ADMINISTRATION STAFF TO WORK WITH THE COURT AND
AUDITOR'S OFFICE TO FURTHER IDENTIFY COSTS ASSOCIATED WITH THE
COURT'S PROPOSAL.
7. Sheriff's Office - Technology Grant Purchases - Board approval
is requested by the Sheriff's Office to utilize $93,428 in
grant funds received from the Governor's Office for Law
Enforcement Technology to purchase equipment for crime
prevention and suppression. The Sheriff's Office is proposing
to purchase a County Watch equipment system which will allow
the communications center to call zones within the County to
broadcast warning messages, and to purchase several new
computer systems, file servers, and software upgrades. The
Information Systems Policy Committee and the Purchasing
Department have approved the County Watch system - action
requested - APPROVE BUDGET TRANSFER B-252 (4/5 vote required)
TRANSFERRING $93,428 FROM THE AUDITOR'S SUSPENSE FUND TO THE
SHERIFF' S BUDGET AS DETAILED IN THE AGENDA REPORT; FUND THE
COUNTY WATCH PROGRAM IN FUTURE YEARS, BEGINNING WITH
MARCH 2003, IN THE ESTIMATED COST OF $7,500 PER YEAR; APPROVE
SOLE SOURCE FIXED ASSET PURCHASE OF COUNTY WATCH EQUIPMENT AND
SOFTWARE SYSTEM IN THE AMOUNT OF $28,425; AND APPROVE FIXED
ASSET PURCHASE OF COMPUTER SERVER IN THE AMOUNT OF $17,933.
8. Development Services - Funding Request - Board approval is
requested by the Development Services Department for a transfer
in the amount of $30,711 from the Appropriation for
Contingencies to provide funding needed for the consulting
agreement with Fred Davis and Associates for the services of
Mr. Davis as the Interim Director of Development Services. The
remaining funds needed for the term of the agreement are
available in the department's budget - action requested -
APPROVE BUDGET TRANSFER B-253 (4/5 vote required).
Page 60 February 26, 2002
February 26, 2002
02-046 9. Butte County Department of Behavioral Health - Mid-year Budget
Adjustments - Board approval is requested by the Butte County
Department of Behavioral Health for mid-year budget adjustments
to provide for additional budgeted expenses in the Mental
Health (541-001) budget unit as detailed in the agenda report.
The additional expenses will be funded utilizing unanticipated
revenue from the Realignment Trust Fund, an increase in the
CalWORKs allocation, and carryover funds from the Adult System
of Care. Board approval is also requested to purchase a small
four wheel drive pick-up truck and a minivan, with a combined
estimated amount of $50,000 (AB 2034 Carryover funds) to be
used for outreach and case management services in remote areas
of the County, and to assist in homeless camp cleanups. Board
approval is also requested to approve adjustments to the
appropriations and revenues as detailed in the agenda report to
bring CalWORKS State allocations in line - action requested -
APPROVE BUDGET TRANSFER B-249 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE, AND ADJUSTING
APPROPRIATIONS PURSUANT TO THE AGENDA REPORT; AND APPROVE FIXED
ASSET PURCHASE OF A SMALL TRUCK AND MINIVAN IN AN AMOUNT NOT TO
EXCEED $50,000.
10. Butte County Department of Behavioral Health - Mid-year Budget
Adjustments - Board approval is requested by the Butte County
Department of Behavioral Health for mid-year budget adjustments
to provide for an overall reduction in anticipated revenue and
associated expenses in the Alcohol and Drug (541-002) budget
unit as detailed in the agenda report. Board approval is
also requested to adjust the interdepartmental transfer account
(573) in the Public Health (540-001) budget unit, and to
decrease the anticipated revenue in the Realignment (4510905)
revenue account to reflect the change in the Federal HIV
funds - action requested - APPROVE BUDGET TRANSFER B-250 (4/5
vote required) AMENDING AND RE-APPROPRIATING THE FUNDS AS
DETAILED IN THE AGENDA REPORT, AND ADJUSTING THE
INTERDEPARTMENTAL TRANSFER ACCOUNT WITH PUBLIC HEALTH AS
DETAILED IN THE AGENDA REPORT.
11. Monthly Investment Report -the Treasurer-Tax Collector submits
the January 31, 2002, report in accordance with the Butte
County Statement of Investment Policy dated
July 1, 2001 - action requested - ACCEPT FOR INFORMATION.
Page 61 February 26, 2002
February 26, 2002
02-046 12. Adoption 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 - ADOPT ORDINANCE 3810 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 2-12-02 [3.23])
13. Adoption 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 - ADOPT ORDINANCE 3811 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 2-12-02 [3.24])
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 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 - ADOPT
ORDINANCE 3812 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-12-02
[3.25] )
15. Adoption of a Salary Ordinance Amendment - the Library has
requested the Department of Human Resources prepare a salary
ordinance amendment which adds one half-time position of
Library Assistant II. 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 - ADOPT ORDINANCE 3813 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 2-12-02 [3.26])
Page 62 February 26, 2002
February 26, 2002
02-046 16. Adoption 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 -
ADOPT ORDINANCE 3814 AND AUTHORIZE THE CHAIR TO SIGN. (FROM
2-12-02 [3.27])
17. 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
adds two flexibly staffed positions of Eligibility
Technician II/I, and two positions of Employment and
Eligibility Supervisor. The supervisor positions are being
added to reduce the supervisor to worker ratio, and the
additional technician positions are being added to support the
In-Home Supportive Services program, and will eliminate the
need to hire additional Social Workers, which would be higher
classification positions - action requested - WAIVE READING OF
THE ORDINANCE.
18. Introduction of a Salary Ordinance Amendment - the Department
of Human Resources has prepared a salary ordinance amendment
which corrects an error contained in the latest comprehensive
salary ordinance. The proposed ordinance adjusts the Cost of
Living Allowance provided to the classifications of
Supervisor's Administrative Assistant II and Supervisor's
Administrative Assistant I to the 3o provided to members of the
Butte County Management Employees' Association - action
requested - WAIVE READING OF THE ORDINANCE.
19. Select Janitorial Services - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with Select Janitorial
Services for the provision of janitorial services. The
amendment provides for twice a year stripping and waxing of the
floors at the added site of 109 Parmac Road, Suite 1, Chico,
and increases the maximum amount payable by $325 for fiscal
year 2001-2002, and $650 for fiscal year 2002-2003 [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. X11588)
Page 63 February 26, 2002
February 26, 2002
02-046 20. Kenneth B. Holden, Ph.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
(BCDBH) for an amendment to the agreement with Kenneth B.
Holden, Ph.D., for the provision of psychological services to
BCDBH youth clients. The amendment increases the maximum
amount payable by $32,500 for the multi-year term (department
budget) with all other terms and provisions to 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. X12036)
21. Lawrence Wilcox, Ph.D. - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
(BCDBH) for an amendment to the agreement with Lawrence Wilcox,
Ph.D., for the provision of psychological services to BCDBH
youth clients. The amendment decreases the maximum amount
payable by $47,400, with all other terms and provisions to
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.
X11863)
22. Pacific Bell/MCI/State of California - Amendment - Board
approval is requested by the Communications Division for an
amendment to the agreement with Pacific Bell/MCI/State of
California for provision of telecommunication services under
the State's Master Agreement. The amendment provides for the
provision of Centrex Services to the County under the State's
agreement. All other terms and provisions remain the same -
action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X11311)
23. Connerly & Associates, Inc. - Board approval is requested by
the Development Services Department for an agreement with
Connerly & Associates, Inc., for the administration of the
Community Development Block Grant General Allocation Reuse
Program. The term of the agreement is July 1, 2001, through
June 30, 2004, with a maximum amount payable of $110,160 for
the three year term (Housing and Community Development) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X13397)
24. Butte County Department of Employment and Social
Services/Department of Public Health - Memorandum of
Understanding - Amendment - Board approval is requested by the
Department of Employment and Social Services for an amendment
to the Memorandum of Understanding with the Department of
Public Health for the provision of Nursing Supervision to
recipients of the In-Home Supportive Services/Personal Care
Services Program. The amendment extends the term of the
agreement through June 30, 2002, and increases the maximum
amount payable by $160,000 for fiscal year 2001-2002
(department budget). All other terms and provisions remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13012)
Page 64 February 26, 2002
February 26, 2002
02-046 25. Private Industry Council - Amendment - Board approval is
requested by the Department of Employment and Social Services
for an amendment to the sublease agreement with the Private
Industry Council for the property located at 202 Mira Loma
Drive, Oroville. The amendment extends the term of the
agreement through April 1, 2002, increases the maximum amount
available for change orders, modifications, and design changes
to $80,000 for fiscal year 2001-2002 (department budget), and
provides that janitorial supplies are also included. 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.
26. Oroville Adult School - Board approval is requested by the
Department of Employment and Social Services for an agreement
with the Oroville Adult School for the provision of the Job
Search Partnership Program. The term of the agreement is
July 1, 2001, through June 30, 2002, with a maximum amount
payable of $84,642.96 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X13353)
27. Parent Education Network - Amendment - Board approval is
requested by the Department of Employment and Social Services
for an amendment to the agreement with the Parent Education
Network for the provision of the Families in Transition team
program. The amendment changes the payment method from the
current method of paying 1/12th of the contract total per month
to paying for units of service provided in a month, provides
for the types of detailed information required for review by
the department, provides for the department's name change, and
reduces the maximum amount payable by $5,707 in response to
reduced revenue from the State - action requested - APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT
THE AUDITOR-CONTROLLER TO REDUCE ENCUMBRANCE FOR AGREEMENT BY
$5,707.
28. Air Quality Management District - Board approval is requested
by the Fire Department for a grant agreement with the Air
Quality Management District for funds to purchase a lower
emissions engine for one of the department's older fire trucks .
The term of the agreement is July 1, 2001, through
June 30, 2002, with an maximum amount payable to the County of
$5,244. The cost of the replacement engine, in excess of
$5,244, will be funded by the department's budget - action
requested - APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN; APPROVE BUDGET TRANSFER B-248 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND
AUTHORIZE THE FIRE DEPARTMENT TO UTILIZE DEPARTMENT BUDGET
FUNDS TO COMPLETE PURCHASE OF REPLACEMENT ENGINE.
Page 65 February 26, 2002
February 26, 2002
02-046 29. California Health Council, Inc. - Board approval is requested
by the Public Health Department for a revenue agreement with
California Health Council, Inc., for the provision of funds to
be used to provide family planning services. The term of the
agreement is January 1, 2002, through December 31, 2002, with
a maximum amount payable to the County of $66,500 - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
30. Pacific Gas and Electric - Board approval is requested by the
Public Health Department for a non-disclosure and use of
information agreement with Pacific Gas and Electric (PG&E) In
accordance with Health and Safety Code, Chapter 6.95, the
Environmental Health Division is developing a new Hazardous
Materials Release Response Plan Database which will be
compatible with the data management system currently used by
PG&E. In developing the County's system, information from
PG&E's system will be used and PG&E has requested the County
sign the non-disclosure agreement to allow the County access to
that information. There is no term or funds associated with
this agreement - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL.
31. Youth For Change-Paradise Family Resource Center - Medi-Cal
Targeted Case Management Provider Participation Agreement -
Board approval is requested by the Public Health Department, in
its capacity as the Local Governmental Agency for the provision
of Targeted Case Management (TCM) services, for an agreement
with Youth For Change-Paradise Family Resource Center for the
provision of TCM services to Medi-Cal clients. The term of the
agreement is July 1, 2001, through June 30, 2002, with a
maximum amount payable of $228,437. The department's agreement
with the State for TCM services will provide an additional
allocation in the amount of $228,437 to fund the agreement -
action requested - APPROVE BUDGET TRANSFER B-251 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE;
AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X13372)
32. Advanced Step Hire - the District Attorney has requested the
Human Resources Department prepare an agenda item requesting
Board approval of the provisional Advance Step Hire of a Deputy
District Attorney IV candidate to Step 5 of the salary range
based on education and experience - action requested - APPROVE
PROVISIONAL ADVANCE STEP HIRE OF GERALD FLANAGAN, DEPUTY
DISTRICT ATTORNEY IV CANDIDATE, TO STEP 5 OF THE SALARY RANGE.
Page 66 February 26, 2002
February 26, 2002
02-046
MOTION:
VOTE:
33. North State Cooperative Library System - Board approval is
requested by the Library for a resolution authorizing
participation in the North State Cooperative Library System.
The Library of California Act was signed into law in 2000, and
the North State Cooperative Library System has revised its plan
of service to reflect the new act. To continue receiving
services under the new law, Butte County must adopt a new
resolution providing for the change, and including a revised
plan of service - action requested - ADOPT REVISED PLAN OF
SERVICE; AND ADOPT RESOLUTION 02-027 AUTHORIZING PARTICIPATION
AND AUTHORIZE THE CHAIR TO SIGN.
34. Child Abuse Prevention, Intervention and Treatment, and
Community Based Family Resource and Support Programs - County
Plan 2002-2005 - Board approval is requested by the Department
of Employment and Social Services for the Child Abuse
Prevention, Intervention and Treatment (CAPIT) and Community
Based Family Resource and Support (CBFRS) program's three-year
plan to be submitted to the Office of Child Abuse Prevention
for the 2002-2005 funding cycle. Funds are utilized to provide
services in the area of in-home visits and case management,
parent education, parent support groups and life skills
training - action requested - ADOPT RESOLUTION 02-028 APPROVING
THE CAPIT AND CBFRS PROGRAM'S THREE-YEAR PLAN AND AUTHORIZE THE
CHAIR TO SIGN; AND DESIGNATE THE DEPARTMENT OF EMPLOYMENT AND
SOCIAL SERVICES AS THE LOCAL GOVERNMENT AGENCY TO APPLY FOR AND
ADMINISTER THE CAPIT AND CBFRS FUNDS.
35. Board Meeting Schedule - the Chief Administrative Officer is
requesting the Board set special meeting dates for Monday,
March 18, 2002, and Tuesday, March 19, 2002 (times to be
determined) for the purpose of interviewing candidates for the
position of Chief Administrative Officer - action requested -
SET SPECIAL BOARD MEETINGS FOR MARCH 18 AND 19, 2002.
36. Prison Health Services - Extension of Interim Price and Terms
and Conditions - Board approval is requested by The
Administrative Office for an extension to the interim agreement
with Prison Health Services to provide health services at the
Butte County Juvenile Hall and Butte County Jail. The proposed
extension of 60-days will allow additional time for selection
and establishment of a contractor selected through the Request
For Proposal process. The rate of compensation and terms and
conditions will remain the same through the extension period -
action requested - APPROVE EXTENSION TO INTERIM AGREEMENT ON
PRICING TERMS AND CONDITIONS. (120)
I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.12,
3.20, 3.37, AND 3.38.
S M
1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 67
February 26, 2002
February 26, 2002
Recrular Acrenda
02-047 Appointments - Boards, Commissions, and Committees. (180)
1. Appointments to listed vacancies.
MOTION: I MOVE TO APPOINT NED KIRKHAM, 2ND DISTRICT REPRESENTATIVE; NEIL
MCCABE, 3RD DISTRICT REPRESENTAT IVE; HAROLD CORKIN, 4TH DIS TRICT
REPRESE NTATIVE; AND DON LITTON, 5TH DISTRICT REPRESENTATIVE; CODE
ENFORCEMENT ADVISORY COMMITTEE.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO APPOINT DAN HUTFLESS, DISTRICT 2 REPRESENTATIVE, BUTTE
COUNTY MOSQUITO ABATEMENT AND VECTOR CONTROL DISTRICT BOARD, TO A
VACATED TERM TO END DECEMBER 31, 2002.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-048 Update on legislative and budget activities. (262) LAWRENCE ODLE,
INTERIM CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THERE
ARE NO SIGNIFICANT LEGISLATIVE CHANGES TO REPORT. THE BOARD WAS ALSO
INFORMED THAT THE CHIEF ADMINISTRATIVE OFFICE STAFF IS WORKING ON
PREPARATION OF THE COUNTY'S BUDGET, INCLUDING THE INCLUSION OF THE
DEPARTMENT'S GOALS.
02-049 Presentation to Sheriff's Office - presentation of certificates of
appreciation to the Sheriff's Office from the Board of Corrections -
action requested - ACCEPT PRESENTATION OF CERTIFICATES. (283)
PRESENTATION TO THE SHERIFF'S OFFICE AND SERGEANT JOHN LAMBERT, FOR
EXCELLENCE IN TRAINING AT THE BUTTE COUNTY JAIL, BY MIKE CALVO,
CALIFORNIA BOARD OF CORRECTIONS.
02-050 Board Meeting Procedures - consideration of revisions to the Board's
meeting procedures - action requested - APPROVE REVISIONS AND ADOPT
AMENDED PROCEDURES. (384)
COUNTY COUNSEL WAS DIRECTED TO AMEND THE PRESENTED PROCEDURES TO
INCLUDE: A STATEMENT THAT THE BOARD WILL ANNOUNCE ACTIONS TAKEN IN
CLOSED SESSION; A STATEMENT REQUESTING THAT, WITH THE EXCEPTION OF
EMERGENCY NEED, CELL PHONES AND PAGERS ARE TO BE TURNED OFF; A
STATEMENT THAT FILLING OUT THE SPEAKING CARD IS REQUESTED, BUT NOT
REQUIRED; WITH REGARDS TO THE SECTION ON VOTING, THE LANGUAGE SHOULD
ADDRESS CONFLICT OF INTEREST MATTERS AND COUNTY COUNSEL IS TO VERIFY
THAT BOARD MEMBERS MUST STATE WHAT THEIR CONFLICT IS, AND MUST LEAVE
THE ROOM FOR THAT ITEM; AND WITH REGARDS TO THE ISSUE OF THE CHAIR
OF THE BOARD BEING ABLE TO MAKE MOTIONS, COUNTY COUNSEL IS TO DRAFT
LANGUAGE TO ADDRESS THE CONCERN THAT THE CHAIR CAN MAKE MOTIONS ONLY
AFTER OTHER MEMBERS OF THE BOARD HAVE BEEN AFFORDED THE OPPORTUNITY
TO MAKE AND/OR SECOND ANY MOTION. THE AMENDED PROCEDURES ARE TO BE
BROUGHT BACK TO THE BOARD AT A SUBSEQUENT MEETING FOR CONSIDERATION.
Page 68 February 26, 2002
February 26, 2002
02-051 Household Hazardous Waste Program - consideration of agreements with
the City of Chico and A/C Industrial Services, Inc., for collection
and management services of household hazardous waste - action
requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(1380)
PRESENTATION TO THE BOARD ON THE HOUSEHOLD HAZARDOUS WASTE PROGRAM
BY MIKE CRUMP, DIRECTOR OF PUBLIC WORKS, AND BONNIE LOW, RECYCLING
COORDINATOR.
MOTION: I MOVE TO APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS:
RECONVENE:
10:34 A.M.
10:52 A.M.
Public Hearing and Timed Items
02-052 Public Hearing - Appeal - Art Cummings Tentative Parcel
Map - consideration of an appeal of the Development Review
Committee's denial of a Tentative Parcel Map to divide two (2)
existing parcels totaling 93 acres into four (4) parcels ranging in
size from 20 to 29 acres on property zoned A-20 (Agriculture - 20
acre parcels). The property is located on the north side of Fimple
Road and on the west side of Marjac Way, approximately 0.26 miles
south of Konning Road, at 10240 Fimple Road, south of Chico, and
identified as APN 039-220-055 and 056 (CBS [TPM 02-01]) - action
requested - THE APPLICANT HAS REQUESTED THE BOARD CONTINUE THE
HEARING OPEN TO MARCH 26, 2002. (**00)
PUBLIC HEARING OPENED AT 10:52 A.M., AND CONTINUED OPEN TO
MARCH 26, 2002, AT 11:00 A.M.
02-053 Public Hearing - Winery Ordinance - Proposed Negative Declaration and
Zoning Code Amendment - the Planning Commission has recommended the
Board approve the addition of a winery ordinance, adding section 24-
263 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 -
STAFF CONCURS WITH THE RECOMMENDATIONS OF THE PLANNING COMMISSION AND
RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. FIND THAT THE WINERY ORDINANCE HAS BEEN THE SUBJECT OF
EXTENSIVE STAFF STUDY AND PUBLIC COMMENTS, AND HAS BEEN
PREPARED FOR THE PURPOSE AND INTENT AS STATED IN SECTION 24-
263A OF THE PROPOSED ORDINANCE;
Page 69 February 26, 2002
February 26, 2002
02-053 2. SUBJECT TO FINDINGS II(A-C) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 12, 2002, ADOPT A MITIGATED NEGATIVE
DECLARATION;
3. FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE ENVIRONMENTAL
DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A
"DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO
FISH AND GAME CODE SECTION 711.4 (d) (3) AND 14 CCR 753.5, AS
THERE ARE NO IDENTIFIED IMPACTS ON FISH AND WILDLIFE WITH
REGARDS TO THE ADOPTION OF THE WINERY ORDINANCE; AND
4. SUBJECT TO FINDINGS IV(A AND B) AS DETAILED IN THE STAFF REPORT
DATED FEBRUARY 12, 2002, ADOPT AN ORDINANCE ADDING SECTION 24-
263 TO CHAPTER 24 OF THE BUTTE COUNTY CODE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 1-29-02 [3.06]) (**63)
PUBLIC HEARING OPENED: 10:54 A.M.
BOARD RECESSED AT 11:20 A.M., TO ALLOW STAFF TO WRITE PROPOSED
EDITORIAL CHANGES ON THE BOARD FOR PUBLIC TO REVIEW.
HEARING RECONVENED: 11:35 A.M.
PUBLIC HEARING CLOSED: 12:26 P.M.
MOTION: I MOVE TO FIND THAT THE WINERY ORDINANCE HAS BEEN THE SUBJECT OF
EXTENSIVE STAFF STUDY AND PUBLIC COMMENTS, AND HAS BEEN PREPARED FOR
THE PURPOSE AND INTENT AS STATED IN SECTION 24-263A OF THE PROPOSED
ORDINANCE; SUBJECT TO FINDINGS II(A-C) AS DETAILED IN THE STAFF
REPORT DATED FEBRUARY 12, 2002, I MOVE TO ADOPT A MITIGATED NEGATIVE
DECLARATION; FIND THAT THE PROPOSED PROJECT WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND
APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT
TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THERE
ARE NO IDENTIFIED IMPACTS ON FISH AND WILDLIFE WITH REGARDS TO THE
ADOPTION OF THE WINERY ORDINANCE; AND SUBJECT TO FINDINGS IV(A AND
B) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 12, 2002, FURTHER
MOVE TO ADOPT ORDINANCE 3815, AS AMENDED TO: CORRECT EDITORIAL TYPE
ERRORS IN SECTION REFERENCES AS NEEDED THROUGHOUT THE ORDINANCE;
REMOVE THE DEFINITION OF PRIVATE WINERIES FROM SECTION C OF THE
ORDINANCE AND REMOVE THE REFERENCE TO PRIVATE WINERIES FROM THE
"PERMIT REQUIREMENTS" CHART AND LEGEND; REMOVE SECTION 2(e)(i); AMEND
SECTION 2(e)(iv) TO READ, "..A MINIMUM OF FOUR AND A MAXIMUM OF 10
PAVED OR UNPAVED PARKING AREAS..."; REMOVE SECTION F(2)(b)(i); AMEND
SECTION G(2)(e) TO READ, "UNLIMITED NUMBER OF SPECIAL EVENTS AS
PROVIDED IN F(2)(e)(iii)"; AND AMEND SECTION I(3) TO READ, "..SHALL
BE PERMITTED ONLY IN CONJUNCTION WITH AN ADMINISTRATIVE PERMIT...";
ADDING SECTION 24-263 TO CHAPTER 24 OF THE BUTTE COUNTY CODE AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 1-29-02 [3.06])
M 5
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 70 February 26, 2002
February 26, 2002
Regular Agenda
02-054 Implementation Options for Reorganization of the Butte County
Department of Development Services - discussion of potential
implementation options for reorganization of the department - action
r e qu e s t e d - ~E ~E~~z£~3~~~1~65~~3 B£~3~E C~F6~6F~
63~~ Y~E~ Y£~63'~6~F63~F 6~E 6~~9_'~6~6£~F£~
~£T_'~`Y£~6£~£3~ZE~6~'£Y£_._ ,____. ___._ POSTPONE DISCUSSION AND SET A
SPECIAL BOARD MEETING FOR FRIDAY, MARCH 15, 2002, FOR CONSIDERATION
OF THE ITEM. (**3280)
MOTION: I MOVE TO POSTPONE DISCUSSION AND SET A SPECIAL BOARD MEETING FOR
FRIDAY, MARCH 15, 2002, FOR CONSIDERATION OF THE ITEM.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-055 Nuisance Abatement Program - Direction to Staff - on
December 11, 2001, the Board directed staff to begin the process of
implementing the County's nuisance abatement program. Subsequent
public input has resulted in staff requesting the Board clarify the
next steps to be taken - action requested - PROVIDE DIRECTION AS TO
HOW TO PROCEED WITH IMPLEMENTATION OF THE COUNTY'S NUISANCE ABATEMENT
PROGRAM. STAFF PROVIDES THE FOLLOWING OPTIONS:
1. DIRECT STAFF TO INITIATE DISCUSSION WITH CITIES REGARDING THE
VEHICLE ABATEMENT PROGRAM; AND DIRECT STAFF TO RETURN TO THE
BOARD WITH AN IMPLEMENTING ORDINANCE, REVISED TO INCLUDE A 72-
HOUR PARKING LIMIT; OR
2. DIRECT STAFF TO POSTPONE FURTHER ACTION UNTIL SUCH TIME AS THE
ADVISORY BOARD HAS BEEN FORMED AND COMMUNITY OUTREACH MEETINGS
HAVE BEEN HELD. (**3322)(***00)
BOARD DIRECTION THAT STAFF WORK WITH THE ADVISORY COMMITTEE TO
CONTINUE TO WORK TOWARDS IMPLEMENTING THE COUNTY'S NUISANCE ABATEMENT
PROGRAM, INCLUDING STAFF DISCUSSIONS WITH THE CITIES REGARDING THE
VEHICLE ABATEMENT PROGRAM, AND THE COMMENCEMENT OF THE NEW CODE
ENFORCEMENT ADVISORY COMMITTEE'S FIRST MEETING TO FACILITATE
COMMUNITY OUTREACH OF THE PROPOSED ORDINANCE.
02-056 Ordinance Repealing Butte County Code Section 2-11.5 - consideration
of an ordinance repealing section 2-11.5 of the Butte County Code,
Assessor Fees for Reproducing Plat Maps - action requested - WAIVE
READING OF THE ORDINANCE; DIRECT THE ASSESSOR TO USE STANDARD COPY
COSTS ADOPTED BY THE BOARD UNTIL THE ACTUAL DIRECT COST OF
PHOTOCOPYING PLAT MAPS CAN BE DETERMINED; AND DIRECT SUPPORTING
INFORMATION FOR THE FEES SET FORTH ON THE BUTTE COUNTY ASSESSOR PRICE
LIST BE PROVIDED TO COUNTY COUNSEL FOR REVIEW. (***1184)
Page 71 February 26, 2002
February 26, 2002
02-056 MOTION: I MOVE TO WAIVE READING OF THE ORDINANCE; DIRECT THE
ASSESSOR TO USE STANDARD COPY COSTS ADOPTED BY THE BOARD
UNTIL THE ACTUAL DIRECT COST OF PHOTOCOPYING PLAT MAPS
CAN BE DETERMINED; AND DIRECT SUPPORTING INFORMATION FOR
THE FEES SET FORTH ON THE BUTTE COUNTY ASSESSOR PRICE
LIST BE PROVIDED TO COUNTY COUNSEL FOR REVIEW.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
02-057 Items removed from the Consent Agenda for Board consideration or
action. (***1399)
1. State Fair Booth 2002 - the Treasurer-Tax Collector has been
coordinating the County's exhibit at the State Fair for the
past three years, and is willing to assume that responsibility
for 2002. The department intends to contract with Richard Bay
and Associates for construction of the exhibit for the flat
rate of $5,000 plus any prize money received. The $5,000 has
been included in the department's budget, and Board approval is
requested to formally authorize the Treasurer-Tax Collector as
official representative pursuant to the California State Fair
requirements - action requested - APPOINT TREASURER-TAX
COLLECTOR'S DEPARTMENT AS THE COUNTY'S OFFICIAL REPRESENTATIVE
TO THE CALIFORNIA STATE FAIR AND AUTHORIZE THE CHAIR TO SIGN
COUNTIES EXHIBIT ENTRY FORM.
DICK PUELICHER, TREASURER-TAX COLLECTOR, PROVIDES THE BOARD WITH AN
UPDATE ON THE CONSTRUCTION OF THE EXHIBIT.
MOTION: I MOVE TO APPOINT TREASURER-TAX COLLECTOR'S DEPARTMENT AS THE
COUNTY'S OFFICIAL REPRESENTATIVE TO THE CALIFORNIA STATE FAIR AND
AUTHORIZE THE CHAIR TO SIGN COUNTIES EXHIBIT ENTRY FORM.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
2. Lawrence D. Odle - Employment Agreement Amendment - Board
approval is requested for an amendment to the agreement with
Lawrence D. Odle to serve as Interim Chief Administrative
Officer. The amendment extends the term of the agreement for
up to three months - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
MOTION: I MOVE TO APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
S M
VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried)
Page 72 February 26, 2002
February 26, 2002
02-057 3. Letter of Support - the City of Live Oak is requesting the
Board approve a letter of support to Governor Davis requesting
the State reconsider continued funding of the Leo Chesney
Community Correctional Facility - action requested - APPROVE
LETTER AND AUTHORIZE THE CHAIR TO SIGN.
BOARD DISCUSSION. NO ACTION TAKEN.
4. 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 - 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. (FROM 2-12-02 [3.10])
BOARD DIRECTION THAT THE PUBLIC WORKS DEPARTMENT AMEND THIS ITEM TO
PROPOSE THAT THE $2,000 BE USED TO IMPLEMENT A PILOT PROGRAM THAT
WILL PROVIDE REDUCED-COST TRANSIT TICKETS FOR ALL TRANSIT COMMUTERS.
THIS ITEM IS TO RETURN ON THE NEXT AGENDA. ADDITIONALLY THE BUTTE
COUNTY ASSOCIATION OF GOVERNMENTS WILL REVIEW THE PROPOSAL OF
UTILIZING TRANSPORTATION DEVELOPMENT ACT FUNDS TO PROVIDE REDUCED
TRANSIT TICKET PRICES FOR THE COUNTY AS A WHOLE, AND PROVIDE A REPORT
TO THE BOARD ON THE PROPOSED PROGRAM.
02-058 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. (NONE) (***2459)
02-059 CLOSED SESSION: THE BOARD RECESSED AT 1:43 P.M., TO A CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION
54956.9(a) ARBITRATION REGARDING CHAMBERS
COMMUNICATIONS CORPORATION V. COUNTY OF BUTTE; AND
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54956.8. PROPERTIES: 1.
2279 DEL ORO AVENUE, OROVILLE; AND 2. 5291 PENTZ
ROAD, PARADISE. AGENCY NEGOTIATOR: BILL CURRY,
GENERAL SERVICES DIRECTOR. NEGOTIATING PARTIES: 1.
PALERMO UNION SCHOOL DISTRICT AND COUNTY OF BUTTE;
2. TOWN OF PARADISE AND COUNTY OF BUTTE. UNDER
NEGOTIATION: PRICE AND TERMS OF PAYMENT OR LEASE.
(***2467)
Page 73 February 26, 2002
February 26, 2002
02-059 RECONVENE: THE BOARD RECONVENED AT 2:35 P.M., FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) ARBITRATION REGARDING CHAMBERS
COMMUNICATIONS CORPORATION V. COUNTY OF BUTTE; AND
CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT
TO GOVERNMENT CODE SECTION 54956.8. PROPERTIES: 1.
2279 DEL ORO AVENUE, OROVILLE; AND 2. 5291 PENTZ
ROAD, PARADISE. AGENCY NEGOTIATOR: BILL CURRY,
GENERAL SERVICES DIRECTOR. NEGOTIATING PARTIES: 1.
PALERMO UNION SCHOOL DISTRICT AND COUNTY OF BUTTE;
2. TOWN OF PARADISE AND COUNTY OF BUTTE. UNDER
NEGOTIATION: PRICE AND TERMS OF PAYMENT OR LEASE.
(***2519) (NO ANNOUNCEMENTS)
ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 2:35 P.M., TO RECONVENE
AT A REGULAR MEETING OF THE BOARD TO BE HELD
TUESDAY, MARCH 12, 2002.
CURT JOSIASSEN, CHAIR
ATTEST:
Lawrence Odle, Interim Chief Administrative
Office and Clerk of the Board of Supervisors
By:
Page 74 February 26, 2002