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March 26, 2002
BOARD OF SUPERVISORS
R.J. "BOB" BEELER, 1ST DISTRICT
JANE DOLAN, 2ND DISTRICT
MARY ANNE HOUX, 3RD DISTRICT
CURT JOSIASSEN, 4T" DISTRICT
KIM YAMAGUCHI, 5T" DISTRICT
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. 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 Bruce Murray, First Assembly of God Church,
Chico. (NOT PRESENT)
Consent Agenda
02-081 1. Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 12, 2002; AND FEBRUARY 26, 2002.
2. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-341 (SHERIFF/INMATE WELFARE FUND); B-342
(SHERIFF/INMATE WELFARE FUND); B-330 (WORKERS COMPENSATION
INSURANCE); B-336 (COUNTY SERVICES AREA 90-ZONE 2 [SOUTHGATE
ACRES FIRE PROTECTION]); AND B-337 (COUNTY SERVICE AREA 90-
ZONE 3 [SOUTHGATE ACRES FIRE PROTECTION]). All budget
transfers listed above require a 4/5 vote.
3. Library Donations - pursuant to Government Code Section
25355, a donation of $1,000 from the Paradise Friends of the
Library group has been received for the Butte County Trust
Fund for the purchase of books - action requested - ACCEPT
DONATION AND AUTHORIZE A LETTER OF APPRECIATION.
4. County Service Area 137 - Annexation - Welsh Etter Investment
Company has requested annexation to County Service Area 137
(Durham Dayton Industrial Partners) for fire protection
services. The annexation is subject to ballot proceedings
and approval by the Local Agency Formation Commission
(LAFCo) Board approval is requested for a resolution setting
a public hearing for the ballot proceedings for Tuesday
May 21, 2002, at 10:30 a.m., and making application to
LAFCo - action requested - ADOPT RESOLUTION 02-036 SETTING
A PUBLIC HEARING FOR TUESDAY, MAY 21, 2002, AT 10:30 A.M.,
AND MAKING APPLICATION TO LAFCo AND AUTHORIZE THE CHAIR TO
SIGN.
Page 96 March 26, 2002
March 26, 2002
02-081 5. Award of Bid No. 48-02 - Department of Employment and Social
Services - Phase II Cabling - bids have been received for the
installation of voice and data cabling at 202 Mira Loma
Drive, Oroville, with the low bidder meeting specifications
being 3D DATACOM of Rancho Cordova, in the amount of
$89,364 - action requested - APPROVE AWARD AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER.
6. Southside Oroville Community Center - Board approval is
requested by the Administrative Office to purchase portable
staging for the Southside Oroville Community Center in an
amount not to exceed $12,000. The purchase will be funded
with project grant funds - action requested - APPROVE FIXED
ASSET PURCHASE OF PORTABLE STAGING IN AN AMOUNT NOT TO EXCEED
$12,000.
7. Chico Maintenance Yard - Property Purchase - Board approval
is requested by the Public Works Department to purchase
property located at 40 Bellermine Court, in the McGowan
Industrial Park off Meyers Street in southwest Chico, and
identified as APN 039-430-124, for the purpose of expanding
the current maintenance yard for the Public Works Department.
Mr. and Mrs. Clay McGowan have signed an offer to purchase
in the amount of $289,675. The price is within the range of
values as established by a land appraisal report. The Butte
County Planning Commission, on February 28, 2002, approved
a Determination of General Plan Conformity for the
acquisition, and the Public Works Department has provided
public notice pursuant to Government Code Section 25350 -
action requested - APPROVE THE PROPERTY ACQUISITION AND
AUTHORIZE THE CHAIR TO SIGN THE CERTIFICATE OF ACCEPTANCE.
8. Awning for Outside Employee Break Room - 25 County Center
Drive - the Administrative Office, Treasurer-Tax Collector,
District Attorney, Assessor, Clerk-Recorder and Auditor-
Controller have agreed to share the cost of providing a
covered shelter area outside the main employee break room in
the Administration Building. Facilities Services has
estimated the cost of installation to be not more than
$3,690. Board approval is requested by the Auditor to
transfer $615 from within each department's services and
supplies budget to provide the necessary funding - action
requested - APPROVE BUDGET TRANSFER B-346 (4/5 vote
required).
9. Development Services Department - Savings Incentive Program
Expenditure Plan - Board approval is requested by the
Development Services Department for an expenditure plan for
the department's Savings Incentive Program funds ($29,720) -
action requested - APPROVE BUDGET TRANSFER B-344 (4/5 vote
required) ACCEPTING AND APPROPRIATING SAVINGS INCENTIVE
PROGRAM FUNDS AS DETAILED IN THE AGENDA REPORT AND APPROVE
PURCHASE OF FIXED ASSET ITEMS AS DETAILED IN THE EXPENDITURE
PLAN.
Page 97 March 26, 2002
March 26, 2002
02-081 10. Juvenile Justice Crime Prevention Act - Interest Utilization
and Agreements - Board approval is requested by the Probation
Department to utilize $60,572 in interest income generated
from the trust fund which holds funds received from the
California State Board of Corrections for the purpose of
providing a Comprehensive Multi-agency Juvenile Justice Plan
under the Juvenile Justice Crime Prevention Act of 2000. The
Juvenile Justice Coordinating Council and the California
State Board of Corrections have approved the following
proposed expenditures: 1) $10,000 to Matson & Isom
Accountancy Corporation for the purpose of training the
community based organizations on acceptable record-keeping
procedures; 2) $25,000 for a caged vehicle to transport
individuals; and 3) the following three contract amendments
for the provision of services in support of the program, in
the total amount of $25,572: A) Parent Education Network -
increase maximum amount payable by $20,000; B) Boys & Girls
Club - increase maximum amount payable by $15,000; and C)
Butte County Superior Court - decrease maximum amount payable
by $9,428 - action requested - APPROVE BUDGET TRANSFER B-343
(4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED
INTEREST INCOME REVENUE; APPROVE FIXED ASSET PURCHASE OF
CAGED VEHICLE; APPROVE RECORD-KEEPING TRAINING EXPENDITURE;
AND APPROVE THREE CONTRACT AMENDMENTS AND AUTHORIZE THE CHAIR
TO SIGN. (CONTRACT NO. X13234, X13238, AND X13286)
11. Victim Witness Assistance Program - Board approval is
requested by the Probation Department to accept and
appropriate $40,000 from the State of California Victim
Compensation and Government Claims Board. The funds are
utilized to pay relocation expenses for victims of domestic
violence and/or sexual assault, and to pay for funeral/burial
expenses. The Probation Department has requested the State
increase the total account balance from $40,000 to $80,000
based on utilization - action requested - APPROVE BUDGET
TRANSFER B-340 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE.
12. Substance Abuse and Mental Health Services Administration
Block Grant - Board approval is requested by the Butte County
Department of Behavioral Health to accept an additional
$94,983 in funds received from the Federal Substance Abuse
and Mental Health Services Administration. The funds are to
be used to provide integrated services to adults, older
adults with serious mental illness, and children who are
emotionally disturbed. Additionally, the department has been
notified that there are fiscal year 2000-2001 carryover funds
in the amount of $90,485, which will also need to be accepted
as unanticipated revenue. The department is requesting the
Board appropriate $80,477.10 of those funds as detailed in
the agenda report - action requested - APPROVE BUDGET
TRANSFER B-348 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT .
Page 98 March 26, 2002
March 26, 2002
02-081 13. Monthly Investment Report - The Treasurer-Tax Collector
submits the February 28, 2002, report in accordance with the
Butte County Statement of Investment Policy dated
July 1, 2001 - action requested - ACCEPT FOR INFORMATION.
14. California Department of Motor Vehicle "Kids" License Plate
Revenue - Board approval is requested by the Department of
Employment and Social Services to accept and appropriate
$2,658 received from the State Department of Social Services
as the County's fiscal year 1999-2000 and 2000-2001 KIDSPLATE
allocation. The allocation is intended to fund programs to
reduce child injury and child abuse. The Department of
Employment and Social Services will use the funds to replace
all child safety seats in use by the department - action
requested - APPROVE BUDGET TRANSFER B-345 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE.
15. Drug Endangered Children Program Grant - Board approval is
requested by the District Attorney to accept $173,240
received from the State Office of Criminal Justice Planning
for Drug Endangered Children programs. The department is
requesting the Board appropriate $86, 620 into the fiscal year
2001-2002 budget, with the remaining funds to be appropriated
in the department's fiscal year 2002-2003 budget - action
requested - APPROVE BUDGET TRANSFER B-335 (4/5 vote required)
ACCEPTING GRANT FUNDS AND APPROPRIATING $86,620 IN
UNANTICIPATED REVENUE.
Page 99 March 26, 2002
March 26, 2002
02-081 16. Resolution Amending the Butte County Salary Ordinance - the
Human Resources Department has prepared a resolution amending
the Butte County salary ordinance as follows: PUBLIC HEALTH-
GENERAL SERVICES - adds three flexibly staffed positions of
Public Health Nurse III/II/I, one flexibly staffed position
of Public Health Assistant II/I, one flexibly staffed
position of Information Systems Analyst III/II/I, and one
flexibly staffed position of Medical Records Technician II/I.
All positions are in support of Butte County Children and
Families First Commission grants, and all positions have a
sunset date of December 31, 2004. PROBATION - deletes one
position of Receptionist and adds one flexibly staffed
position of Legal Typist Clerk/Office Assistant III/II/I.
Flexibly staffing the position will provide the department
with greater staffing choices, and provide employee growth
opportunity. SALARY PLAN FOR CLASSIFIED POSITIONS - a new
salary table for the Probation Peace Officers' Association
bargaining unit has been created and the appropriate position
classifications are deleted from the old salary tables and
are incorporated into the new table. SECTION 70, REFERENCE
F, MANAGEMENT, CONFIDENTIAL, AND SUPERVISORY UNIT
CLASSIFICATIONS (EFFECTIVE 12-22-01) - adds market
adjustments to selected BCMEA position classifications
pursuant to the bargaining process. BEHAVIORAL HEALTH-
GENERAL SERVICES - adds two flexibly staffed positions of
Senior Mental Health Counselor/Mental Health Counselor/Mental
Health Worker in support of the Chico Adult Outpatient
Program and Older Adult Outpatient Program (the positions are
funded with Substance Abuse Mental Health Services
Administration Block Grant funds); re-titles the position of
Assistant Director-Mental Health Administration to Assistant
Mental Health Director-Administration, adjusts the
compensation rate for the position to be consistent with the
classification of Assistant Mental Health Director, and
revises the job specifications as a result of a
classification study. LIBRARY - adds one position of Library
Assistant I with a sunset date of June 30, 2002. The position
is requested as a result of a vacancy created by an incumbent
on extended medical leave. ADMINISTRATION-PURCHASING -
deletes one position of Procurement Administrator and one
flexibly staffed position of Buyer II/I, and adds two
flexibly staffed positions of Buyer III/II/I (new
classification). The proposed changes will provide for
employment advancement within the Buyer classification
series. SALARY PLAN FOR CLASSIFIED POSITIONS, REFERENCE B,
BUTTE COUNTY CORRECTIONAL OFFICERS' ASSOCIATION-SUPERVISORY
UNIT CLASSIFICATION - updates the salary table to reflect
agreed upon terms of the new Memorandum of Understanding -
action requested - ADOPT RESOLUTION 02-037 AND AUTHORIZE THE
CHAIR TO SIGN.
17. Resolution in Recognition of Vickie Stempel Upon Retirement
from the County Clerk-Recorder's Office, County of Butte -
action requested - ADOPT RESOLUTION 02-038 AND AUTHORIZE THE
CHAIR TO SIGN.
Page 100 March 26, 2002
March 26, 2002
02-081 18. Resolution Amending the Composition of the Americans with
Disabilities Act (ADA) Advisory Committee - Board approval
is requested by the Human Resources Department for a
resolution amending the composition of the ADA Advisory
Committee to provide for the addition of a general public
member representative to the committee - action requested -
ADOPT RESOLUTION 02-039 AND AUTHORIZE THE CHAIR TO SIGN.
19. Pavement Overlay on Various Butte County Roadways - County
Project No. AC-02-1 - the project consists of a total of 2.02
miles of asphalt concrete overlay on fifteen Butte County
roadways in the Chico and Oroville areas. An additional 1.47
miles of asphalt concrete overlay on twelve roadways will be
included as a bid additive. The bid additive roadways will
be recommended incrementally for award up to a threshold of
a $400,000 construction contract. The project is budgeted in
the fiscal year 2001-2002 budget - action requested - APPROVE
PLANS AND SPECIFICATIONS, AUTHORIZE THE CHAIR AND THE
DIRECTOR OF PUBLIC WORKS TO SIGN PLANS, ADOPT A WAGE SCALE;
AND AUTHORIZE PUBLIC WORKS TO ADVERTISE FOR BIDS.
20. Underground Utility Allocation Credits - Board approval is
requested by the Public Works Department for a resolution
authorizing the use of Rule 20A credits allocated by Pacific
Gas and Electric Company to the County of Butte, in the
estimated amount of $600,000, to the City of Chico
Underground Utility District No. 15-Cohasset Road (from
Pillsbury Road to Azalea Avenue) pursuant to Decision Nos.
73078 and 82-01-18 of the California Public Utilities
Commission - action requested - ADOPT RESOLUTION 02-040 AND
AUTHORIZE THE CHAIR TO SIGN.
21. Butte County Correctional Officers' Association-Supervisory
Unit - Memorandum of Understanding - the Department of Human
Resources submits the negotiated agreement with the Butte
County Correctional Officers' Association-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 3o Cost of
Living Allowance effective September 29, 2001; a Countywide
classification/compensation study; and an equity adjustment
in the amount of 14o for Correctional Sergeants and 15o for
Correctional Lieutenants, effective the first pay period of
April 2002 - action requested - APPROVE THE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN.
Page 101 March 26, 2002
March 26, 2002
02-081 22. State of California-Department of Mental Health - Board
approval is requested by the Butte County Department of
Behavioral Health for a revenue agreement with the State of
California-Department of Mental Health for the provision of
outpatient mental health services to Medi-Cal qualified
individuals. The term of the agreement is July 1, 2001,
through June 30, 2002, with a maximum amount payable to the
County of $2,021,373. The final allocation from the State
was $318,328 above the department's anticipated revenue for
this agreement, and Board approval is requested to offset the
new revenue with a reduction to Realignment - action
requested - APPROVE BUDGET TRANSFER B-339 (4/5 vote required)
ACCEPTING THE UNANTICIPATED REVENUE AND REDUCING REALIGNMENT
REVENUE AS DETAILED IN THE AGENDA REPORT; AND ADOPT
RESOLUTION 02-041 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. R40421)
23. State of California-Department of Alcohol and Drug
Programs - Board approval is requested by the Butte County
Department of Behavioral Health for a revenue agreement with
the State of California-Department of Alcohol and Drug
Programs for Youth Development and Crime Prevention Grant
funds. The term of the agreement is June 28, 2001, through
June 30, 2002, with a maximum amount payable to the County
of $309,081 ($114,659 for fiscal year 2000-2001 and $194,422
for fiscal year 2001-2002) - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R40422)
24. Award of Contract to Past Employee - submitted is a
professional services agreement with Dr. Edith Lopez for the
provision of consultation services to clinical staff treating
children (0-5), and training to clinical staff in how to
provide psychotherapy to infants, toddlers, and preschool
children. The term of the agreement is March 15, 2002,
through May 31, 2002, with a maximum amount payable of $2,750
(Proposition 10 grant funds/project budget). Pursuant to
established Board policy, agreements under $25,000 can be
approved by the Administrative Office; however, pursuant to
Section 13.3 of the Butte County Purchasing Policy Manual,
notification to the Board of intent to award an agreement to
employees who have discontinued County services during the
past two years is required - action requested - ACCEPT FOR
INFORMATION.
Page 102 March 26, 2002
March 26, 2002
02-081 25. Award of Contract to Past Employee - submitted is a
professional services agreement with Rick Minniefield for the
provision of services in support of the Youth Development
Summit and Reach for the Future Conference, and the
preparation of all Friday Night Live mentoring reports. The
term of the agreement is December 1, 2001, through
June 30, 2002, with a maximum amount payable of $15,000
(project budget). Pursuant to established Board policy,
agreements under $25,000 can be approved by the
Administrative Office; however, pursuant to Section 13.3 of
the Butte County Purchasing Policy Manual, notification to
the Board of intent to award an agreement to employees who
have discontinued County services during the past two years
is required - action requested - ACCEPT FOR INFORMATION.
26. Award of Contract to Past Employee - submitted is a
professional services agreement with Brent Roden d.b.a
Performance Trust for the provision of analysis, tracking,
and feedback data for the Youth Performance Outcome Measures,
and for database design, website design, and transmission of
Youth Performance Outcome Measures data to the State
Department of Mental Health. The term of the agreement is
January 1, 2002, through June 30, 2002, with a maximum amount
payable of $20,000(project budget). Pursuant to established
Board policy, agreements under $25, 000 can be approved by the
Administrative Office; however, pursuant to Section 13.3 of
the Butte County Purchasing Policy Manual, notification to
the Board of intent to award an agreement to employees who
have discontinued County services during the past two years
is required - action requested - ACCEPT FOR INFORMATION.
27. Butte County Probation Department - Memorandum of
Understanding - Board approval is requested by the Butte
County Department of Behavioral Health for a Memorandum of
Understanding with the Butte County Probation Department for
the assignment of three part-time Probation Officers to the
Inter-agency Services Placement Unit for the delivery of
State mandated services. The term of the agreement is
July 1, 2001, through June 30, 2002, with a maximum amount
payable to the Probation Department of $58,785 (department
budget) - action requested - APPROVE MEMORANDUM OF
UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
X13369)
28. William W. Abbott - Abbott & Kindermann, LLP - Board approval
is requested by County Counsel for an agreement with William
W. Abbott of Abbott & Kindermann, LLP, for attorney services
regarding the County's General Plan issues and other land use
matters. The term of the agreement is one year, with a
compensation rate of $225 per hour (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER.
Page 103 March 26, 2002
March 26, 2002
02-081 29. CBA, Inc. - Amendment - Board approval is requested by the
Development Services Department for an amendment to the
agreement with CBA Inc., for the provision of contract staff
services for the Planning Division. The amendment increases
the maximum amount payable by $20,000 (department budget),
and clarifies the duties of the County Project Manager
regarding invoice approval and case assignment. 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. X13327)
30. California Department of Health Services - Women, Infants and
Children - Amendment - Board approval is requested by the
Public Health Department for an amendment to the revenue
agreement with the California Department of Health Services
for funds to support the Women, Infants and Children program.
The amendment provides an additional allocation of $28,085
for the period of October 1, 2001, through
September 30, 2002. 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. R40199)
31. Private Industry Council - Sublease Agreement - Amendment -
Board approval is requested by the Public Health Department
for an amendment to the sublease agreement with the Private
Industry Council for the Public Health Clinic space located
at 78 Table Mountain Road, Oroville. The amendment clarifies
which items will be payable by the department under the
category of Utilities, Services and Maintenance Charges. 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. X13127)
32. Private Industry Council - Sublease Agreement - Amendment -
Board approval is requested by the Public Health Department
for an amendment to the sublease agreement with the Private
Industry Council for office space at 202 Mira Loma Drive,
Oroville. The site will be utilized by Public Health
Administration, nursing staff, Health Education and Animal
Control. The amendment increases the amount of funds
available for change orders by $76,574 (department budget),
amends the contract start date to April 15, 2002, and
clarifies which items will be payable by the department under
the category of Utilities, Services and Maintenance Charges.
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.
Page 104 March 26, 2002
March 26, 2002
02-081 33. California Integrated Waste Management Board - Enforcement
Assistance Grant Program (EA-12 and EA-13) - Board approval
is requested by the Pubic Health Department to submit grant
applications for two grants from the California Integrated
Waste Management Board for funds up to $34,000 ($17,000 per
grant) to support local solid waste landfill permit and
inspection programs. The funds are 1000 State funds with no
County match required - action requested - ADOPT RESOLUTION
02-042 AUTHORIZING GRANT APPLICATION AND AUTHORIZE THE CHAIR
TO SIGN.
34. California State University, Chico - Amendment - No Fare Bus
Program - Board approval is requested by the Public Works
Department for an amendment to the agreement with California
State University, Chico to provide transportation services
on Butte County Transit free of charge to university faculty,
students and staff. The university reimburses the County
monthly based on actual use. The amendment extends the term
of the agreement from January 1, 2002, through
December 31, 2002, and increases the maximum amount payable
to the County by $18,000. All other terms and provisions
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R40046)
35. Golder Associates, Inc. - Neal Road Landfill Base Liner
Design - Board approval is requested by the Public Works
Department for an agreement with Golder Associates, Inc., for
the provision of design services for Module 4 at the Neal
Road Landfill to provide compliance with Regional Water
Quality Control Board regulations for minimum standards for
landfill module design. The term of the agreement is through
completion of the project, with a maximum amount payable of
$48,213 (Neal Road Landfill Management Fund) - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
36. Bidwell Canyon Marina and Lime Saddle Marina - Used Oil and
Spent Bilge Pads Collection - Board approval is requested by
the Public Works Department for agreements with Bidwell
Canyon Marina and Lime Saddle Marina for the collection of
used oil, oil filters and spent bilge pads from boaters who
use Lake Oroville marinas. The agreements provide for no
compensation to the contractor, the County will pay for
removal of the oil, filters, and bilge pads to an oil
recycling company directly under separate contract. The
County will install two collection tanks funded with grant
funds provided to the County to implement a clean boating
program for Lake Oroville - action requested - APPROVE
AGREEMENTS WITH MARINAS AND AUTHORIZE THE CHAIR TO SIGN.
Page 105 March 26, 2002
March 26, 2002
02-081
MOTION:
VOTE
37. Sacramento River Reclamation District - Conflict of Interest
Code - on March 4, 2002, the Sacramento River Reclamation
District adopted its agency's Conflict of Interest Code. It
is being submitted to the County, as the code reviewing body,
to determine the code's compliance with Government Code
Section 87302. County Counsel has reviewed the code and
finds it to be proper - action requested - APPROVE CODE.
(43)
I MOVE TO ADOPT THE CONSENT AGENDA AS PRESENTED.
S M
1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
02-082 Appointments - Boards, Commissions, and Committees. (64)
1. Appointments to listed vacancies. (NONE)
02-083 Update on legislative and budget activities. (79) LAWRENCE ODLE,
INTERIM CHIEF ADMINISTRATIVE OFFICER, PROVIDES THE BOARD WITH A
SUMMARY OF FOUR BILLS OF POTENTIAL IMPORTANCE TO THE COUNTY: AB
2678-PROVIDES THE COUNTY WITH AN OPPORTUNITY TO PROVIDE ENHANCED
PRE-RETIREMENT BENEFITS TO SURVIVORS OF DECEASED COUNTY EMPLOYEES;
AB 1282-WILL REQUIRE THE DEPARTMENT OF MANAGED CARE TO ADOPT
REGULATIONS THAT ESTABLISH ACCESSIBILITY STANDARDS FOR ACCESS TO
HEALTH CARE PROVIDERS; AB 2118-PROVIDES AN EXTENSION OF THE
REQUIREMENTS FOR VOLUNTEER FIREFIGHTERS SET OUT IN SB1207,
EFFECTIVE JANUARY 1, 2002; AND SB 1605-PROVIDES AUTHORITY TO THE
COUNTY AND CITY OF CHICO CONCERNING THE TRANSFER OF RIGHTS AND
TITLE HELD IN BIDWELL PARK TO ADDRESS LINDO CHANNEL FLOOD ISSUES.
02-084 Presentation to the Board - Drug Endangered Children Community
Service Project - presentation by the Beta Sigma Phi Sorority
regarding the designation of the Drug Endangered Children Program
as its Community Service Project - action requested - ACCEPT FOR
INFORMATION. (166)
PRESENTATION OF CARE BAGS TO THE DRUG ENDANGERED CHILDREN PROGRAM
BY KAREN LAMALFA AND JANET THENGVALL, BETA SIGMA PHI SORORITY.
02-085 Oroville Adult School - Informational Presentation and
Resolution - presentation to the Board regarding the Oroville
Adult School and its benefits to the community, and consideration
of a resolution in support of Adult Education in Oroville and the
State of California - action requested - ACCEPT FOR INFORMATION;
AND ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (490)
PRESENTATION TO THE BOARD BY DWAYNE ROBINSON, PRINCIPAL; CORY
WILLENBERG, ASSISTANT PRINCIPAL; AND NANCY HERNANDEZ, JOB
READINESS COORDINATOR, OROVILLE ADULT HIGH SCHOOL.
MOTION: I MOVE TO ADOPT RESOLUTION 02-043 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 106 March 26, 2002
March 26, 2002
02-086 Presentation to the Board - Countywide Tourism Marketing Program
Update - presentation by the Butte County Economic Development
Corporation regarding the County's tourism marketing efforts -
action requested - ACCEPT FOR INFORMATION. (1485)
PRESENTATION TO THE BOARD BY SUSAN PETERSON, TREASURER-TAX
COLLECTOR'S OFFICE; BOB LINSCHEID AND DEBRA LUCERO-AUSTIN, BUTTE
COUNTY ECONOMIC DEVELOPMENT CORPORATION.
02-087 Designation of Local Partner for the California Arts Council's
State-Local Partnership Program - consideration of a resolution
which designates the Friends of the Arts group as the local
partner for the California Arts Council's State-Local Partnership
Program - action requested - ADOPT RESOLUTION AND AUTHORIZE THE
CHAIR TO SIGN. (2364)
MOTION: I MOVE TO ADOPT RESOLUTION 02-044 AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS: 10:23 A.M.
RECONVENE: 10:39 A.M.
Public Hearing and Timed Items
02-088 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 CONTINUE THE HEARING OPEN
TO AN UNSPECIFIED DATE, AND DIRECT STAFF TO RE-NOTICE THE HEARING
IF/WHEN THE APPEAL IS BROUGHT BACK TO THE BOARD FOR CONSIDERATION.
(FROM 1-29-02 [5.01]) (2850)
PUBLIC HEARING RECONVENED: 10:40 A.M.
MOTION: I MOVE TO CONTINUE THE HEARING OPEN TO AN UNSPECIFIED DATE, AND
DIRECT STAFF TO RE-NOTICE THE HEARING IF/WHEN THE APPEAL IS
BROUGHT BACK TO THE BOARD FOR CONSIDERATION.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 107 March 26, 2002
March 26, 2002
Regular Agenda
02-089 In-Home Supportive Services - Aids Budget Adjustment, Request for
Approval for an Optional Wage Increase to In-Home Supportive
Services Individual Providers, and Agreement Amendment with Addus
Healthcare, Inc. - consideration of budget adjustments to the In-
Home Supportive Services Aids Budget for 2001-2002, a 2.310 wage
increase to in-home supportive services workers, and an amendment
to the contract with Addus Healthcare, Inc., increasing the
maximum hourly contract rate and decreasing maximum hours - action
requested - APPROVE BUDGET TRANSFER B-338 (4/5 vote required)
PROVIDING ADJUSTMENTS AS DETAILED IN "ATTACHMENT B" OF THE STAFF
REPORT; APPROVE AGREEMENT AMENDMENT WITH ADDUS HEALTHCARE, INC.,
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE THE 2.310 INCREASE
FOR INDIVIDUAL PROVIDERS EFFECTIVE MAY 1, 2002. (FROM 3-12-02
[4.05] ) (2932) (**00)
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-338 PROVIDING ADJUSTMENTS AS
DETAILED IN "ATTACHMENT B" OF THE STAFF REPORT; APPROVE AGREEMENT
AMENDMENT WITH ADDUS HEALTHCARE, INC., AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER; AND APPROVE THE 2.310 INCREASE FOR INDIVIDUAL
PROVIDERS EFFECTIVE MAY 1, 2002.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Public Hearings and Timed Items
02-090 Continued 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). This is a project on which notice of intent to
adopt a negative declaration with mitigation measures regarding
environmental impacts has been given. The property is located 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 [T PM 02-01]) - action requested - STAFF RECOMMENDS THE BOARD
APPROVE THE APPEAL AND TAKE THE FOLLOWING ACTIONS:
1. AMEND THE INITIAL STUDY PREPARED FOR THIS PROJECT,
SPECIFICALLY SECTION 4.2, AND MITIGATION MEASURE #1, CHANGING
THE 200-FOOT BUFFER TO A 300-FOOT BUFFER, AND ADOPT AN
AMENDED "EXHIBIT A" TO THE INITIAL STUDY DEPICTING THE
SETBACK AREA;
2. SUBJECT TO FINDINGS II(A-E) AS DETAILED IN THE STAFF REPORT
DATED MARCH 26, 2002, ADOPT A MITIGATED NEGATIVE DECLARATION;
Page 108 March 26, 2002
March 26, 2002
02-090 3. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS
WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE
OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) AND 14 CCR 753.5, AS THE ENTIRE SITE IS
CULTIVATED IN ORCHARDS AND DOES NOT REPRESENT SIGNIFICANT
HABITAT VALUE; AND
4. SUBJECT TO FINDINGS IV(A-F) AND THE CONDITIONS OF APPROVAL
IDENTIFIED IN "EXHIBIT A" OF THE STAFF REPORT DATED MARCH 26,
2002, APPROVE TENTATIVE SUBDIVISION MAP 02-01/APPEAL 02-03
FOR ART CUNNINGS. (FROM 2-26-02 [5.01]) (**441)
PUBLIC HEARING RECONVENED: 11:08 A.M.
PUBLIC HEARING CLOSED: 11:54 A.M.
MOTION: I MOVE TO APPROVE THE INITIAL STUDY PREPARED FOR THIS PROJECT, AND
ADOPT THE MAP IDENTIFIED AS "EXHIBIT A TO I.S.", MARKED AS PAGE 39
OF THE STAFF REPORT DATED MARCH 26, 2002, DEPICTING A 200-FOOT
SETBACK AREA; SUBJECT TO FINDINGS II(A-E) AS DETAILED IN THE STAFF
REPORT DATED MARCH 26, 2002, ADOPT A MITIGATED NEGATIVE
DECLARATION; FIND THAT THE DESIGN OF THE PROPOSED PROJECT
IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR
WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO
THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) AND 14 CCR 753.5, AS THE ENTIRE SITE IS CULTIVATED IN
ORCHARDS AND DOES NOT REPRESENT SIGNIFICANT HABITAT VALUE; AND
SUBJECT TO FINDINGS IV(A-F) AND THE CONDITIONS OF APPROVAL
IDENTIFIED IN "EXHIBIT A" OF THE STAFF REPORT DATED
MARCH 26, 2002, AS AMENDED TO DELETE CONDITIONS 12 AND 23, WHICH
ARE DUPLICATES OF CONDITIONS 6 AND 2 RESPECTIVELY, AND CORRECTING
CONDITION 25 TO READ, "PLACE A NOTE ON A SEPARATE DOCUMENT... ",
FURTHER MOVE TO APPROVE TENTATIVE SUBDIVISION MAP 02-01/APPEAL 02-
03 FOR ART CUNNINGS.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
02-091 Policy Statement for Butte County's Geographic Information
System - Board approval is requested by the Development Services
Department and the Administrative Office for a Policy Statement
which would establish guidelines for the development and
cooperative utilization of an integrated Geographic Information
System for Butte County - action requested - APPROVE POLICY
STATEMENT. (**2229)
MOTION: I MOVE TO APPROVE THE GEOGRAPHIC INFORMATION SYSTEM POLICY
STATEMENT.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 109 March 26, 2002
March 26, 2002
02-092 Board Meeting Procedures - consideration of revisions to the
Board's meeting procedures - action requested - APPROVE REVISIONS
AND ADOPT AMENDED PROCEDURES. (FROM 2-26-02 [4.04]) (**2533)
MOTION: I MOVE TO APPROVE THE AMENDED PROCEDURES, FURTHER AMENDING SECTION
11 (B) TO READ, "..WITHOUT RELINQUISHING THE CHAIR. THE CHAIR MAY
MAKE OR SECOND A MOTION ONLY AFTER OTHER MEMBERS HAVE BEEN
AFFORDED THE OPPORTUNITY TO MAKE OR SECOND ANY MOTION ON THE
ISSUE."
S M
VOTE: 1 Y 2 Y 3 Y 4 NV 5 N (Motion Carried)
02-093 Items removed from the Consent Agenda for Board consideration and
action. (**3359)(NONE)
Public Comment
02-094 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. (**3366)
1. ED CHOMBEAU ADDRESSED THE BOARD AND REQUESTED THAT THE NEWLY
FORMED RESOURCE CONSERVATION DISTRICT BOARD BE INCLUDED IN
PLANNING PROCESS IN THE COUNTY.
02-095 CIOSed SeSSIOn: THE BOARD RECESSED AT 12:19 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) COUNTY OF BUTTE V. GINNO
CONSTRUCTION, ET AL., BUTTE COUNTY SUPERIOR COURT
CASE NO. 126172; AND CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND
WILLIAM AVERY; EMPLOYEE ORGANIZATIONS: BUTTE
COUNTY PROBATION PEACE OFFICERS' ASSOCIATION AND
THE PROFESSIONAL EMPLOYEES' UNIT. (**3466)
ReCOnVene: THE BOARD RECONVENED AT 1:44 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) COUNTY OF BUTTE V. GINNO
CONSTRUCTION, ET AL., BUTTE COUNTY SUPERIOR COURT
CASE NO. 126172; AND CONFERENCE WITH LABOR
NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION
54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND
WILLIAM AVERY; EMPLOYEE ORGANIZATIONS: BUTTE
COUNTY PROBATION PEACE OFFICERS' ASSOCIATION AND
THE PROFESSIONAL EMPLOYEES' UNIT. (***3525) (NO
ANNOUNCEMENTS)
Page 110 March 26, 2002
March 26, 2002
Communications
02-096 Communications received, referred, placed on agenda. (A LISTING
AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD, IN ADDITION TO
THOSE LISTED BELOW, ARE AVAILABLE IN THE CLERK OF THE BOARD'S
OFFICE.)
1. Susan Ritchie, Vice President, Government Affairs, AT&T
Broadband, writes the Administrative Office to provide notice
that AT&T Corp., and Comcast Corporation have announced their
intention to combine their cable systems into a new public
company, AT&T Comcast Corporation.
AdIOUrnment: THERE BEING NO FURTHER BUSINESS BEFORE THE
BOARD, THE MEETING WAS ADJOURNED AT 1:45
P.M. TO RECONVENE AT A SPECIAL MEETING OF
THE BOARD TO BE HELD WEDNESDAY,
MARCH 27, 2002, AT 10:00 A.M.
CURT JOSIASSEN, CHAIR
ATTEST:
Lawrence Odle, Interim Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Page 111 March 26, 2002