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April 23, 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:
Dolan, Houx, Yamaguchi, and Chair Josiassen. Supervisors not
present: Beeler. Also present: Paul McIntosh, Chief
Administrative Officer; Bruce Alpert, County Counsel; and Marion
Reeves, Assistant Clerk of the Board.
Pledge of Allegiance to the Flag of the United Sates of America.
Invocation - Alberta Tracy, First Church of Christ Scientist,
Oroville.
CHAIR JOSIASSEN INTRODUCES PAUL MCINTOSH, THE NEWLY HIRED CHIEF
ADMINISTRATIVE OFFICER.
02 -119 Items removed from the Consent Agenda for Board consideration or action. (10 9 )
1. State of California-Department of Boating and Waterways Grant
Application for Fiscal Year 2003-2004 - Board approval is
requested by the Sheriff's Office for a grant application to
the State of California-Department of Boating and Waterways
for continued funding for marine patrol of Lake Oroville, the
Sacramento River, and the Feather River. The maximum grant
amount is $188,069, and requires the County to provide a
match of the County's estimated boat tax revenue for that
fiscal year, estimated at $40,787 - action requested -
APPROVE GRANT APPLICATION FOR FISCAL YEAR 2003-2004; APPROVE
USE OF ESTIMATED BOAT TAX REVENUE IN THE AMOUNT OF $40,787;
ADOPT RESOLUTION IN SUPPORT OF GRANT PROGRAM AND AUTHORIZE
THE CHAIR TO SIGN; AUTHORIZE THE SHERIFF TO SIGN GRANT
APPLICATION AND DOCUMENTS; AUTHORIZE KEN JONES, ASSISTANT
AUDITOR-CONTROLLER, TO SIGN AND CERTIFY THE DOCUMENTATION OF
ESTIMATED BOAT TAX REVENUES; AND APPROVE BECKY BLAINE, SUSAN
TIFFANY, DAVE HOUSE R, DAVE KELLY, AND/OR MARVA VANGILDER TO
SIGN QUARTERLY REIMBURSEMENT FORMS.
Page 136 April 23, 2002
April 23, 2002
Consent Agenda
02-120 1. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-411 (APPROPRIATION FOR CONTINGENCIES/WATER AND
RESOURCE CONSERVATION); B-419 (DISTRICT ATTORNEY); B-420
(SHERIFF/INMATE WELFARE FUND); AND B-421 (DISTRICT ATTORNEY).
All budget transfers listed above, with the exception of
B-421, require a 4/5 vote.
2. Library Donations - in accordance with Government Code
Section 25355, donations of $3,033.19 from the Paradise
Friends of the Library and $500 from the Fraternal Order of
Eagles-Aerie # 2960 of Paradise have been received for the
Butte County Trust Fund for the purchase of books - action
requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF
APPRECIATION.
3. Library Public Service Staff Support Hours Donation -
pursuant to Government Code Section 25355, a donation of
$2,671 has been received from the Paradise Friends of the
Library for the Continuing Operation Trust Fund. The trust
fund is used to pay for extra-help staff support hours.
Board approval is requested to transfer the funds from the
trust fund to the Library budget - action requested - ACCEPT
DONATION AND AUTHORIZE A LETTER OF APPRECIATION; AND APPROVE
BUDGET TRANSFER B-410 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE.
4. Resolution Consenting to Assignment of Rights and Duties
Under Development Agreement - Board approval is requested by
County Counsel for a resolution which will provide for the
assignment of the rights and duties specified in the
Development Agreement between the County and Robinson & Sons,
recorded October 22, 1996, to Granite Construction Company.
Robinson & Sons is selling its business to Granite
Construction Company and is requesting the County consent to
the assignment of rights and duties as specified in the
Development Agreement - action requested - ADOPT RESOLUTION
02-057 AND AUTHORIZE THE CHAIR TO SIGN.
Page 137 April 23, 2002
April 23. 2002
02-120 5. Notice of Substantial Completion - Southside Oroville
Community Center (IBF No. 110-01) - Board approval is
requested by the General Services Director to accept the
contract work for the Southside Oroville Community Center as
substantially complete. Virtually all work on the project
has been completed in accordance with plans and
specifications; however, there are a few minor items that
remain open, and those items are expected to take several
more weeks to resolve. Approving a Substantial Notice of
Completion will allow for occupancy of a portion of the
building, release a portion of the 10o withhold to permit the
contractor to pay subcontractors for their completed work,
and permit negotiations with the contractor of an amount that
will be held in retention until all work is completed -
action requested - ACCEPT CONTRACT WORK AS SUBSTANTIALLY
COMPLETE; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF
SUBSTANTIAL COMPLETION; AND DIRECT RECORDING OF THE NOTICE
OF SUBSTANTIAL COMPLETION.
6. Food Steamer Purchase for Jail Kitchen - Board approval is
requested by the Sheriff's Office for the fixed asset
purchase of a food steamer for the jail kitchen in the amount
of $11,025 to replace equipment that is no longer cost
effective to repair. The Purchasing Department solicited
bids for the equipment, and Cooks of Illinois was the lowest
responsible bidder. Board approval is also requested for a
budget transfer of $11,025 from the Inmate Welfare Fund to
provide funding for the purchase - action requested - APPROVE
BUDGET TRANSFER $--~2-3- B-422 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE FIXED ASSET
PURCHASE OF A FOOD STEAMER.
7. Monthly Investment Report - the Treasurer-Tax Collector
submits the March 29, 2002, report in accordance with the
Butte County Statement of Investment Policy dated
July 1, 2001 - action requested - ACCEPT FOR INFORMATION.
8. State Department of Health Services - Board approval is
requested by the Public Health Department to accept and
appropriate $39,700 in unanticipated revenue received from
the State Department of Health Services to be used for bio-
terrorism prevention and related public health activities.
The funding will be used to enhance information and
communications systems, support surveillance and epidemiology
efforts, and provide for specialized training. Board
approval is also requested to utilize approximately $6,000
of the funds for the fixed asset purchase of a replacement
microscope for the Public Health Laboratory - action
requested - APPROVE BUDGET TRANSFER B-417 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND
APPROVE FIXED ASSET PURCHASE OF A MICROSCOPE IN THE ESTIMATED
AMOUNT OF $6,000.
Page 138 April 23, 2002
April 23. 2002
02-120 9. Substance Abuse and Mental Health Services Administration
Block Grant - on March 26, 2002, the Behavioral Health
Department requested the Board appropriate $80,478 of a
$94,983 allocation received from the Federal Substance Abuse
and Mental Health Services Administration (SAMSHA) Block
Grant program, with the notation that the remaining funds
would be allocated at a later date. The Behavioral Health
Department intends to use the funds to support the placement
of Behavioral Health staff in the new Juvenile Hall and
provide integrated services in support of the SAMSHA program.
Board approval is requested to accept the balance of the
additional allocation received ($14,505) and to transfer
$52,124 from the Realignment Trust Fund to support SAMSHA
activities - action requested - ADOPT RESOLUTION 02-058
ACCEPTING SAMSHA ALLOCATION AND AUTHORIZE THE CHAIR TO SIGN;
AND APPROVE BUDGET TRANSFER B-416 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED
IN THE AGENDA REPORT.
10. Resolution Amending the Butte County Salary Ordinance - the
Department of Human Resources has prepared a resolution to
amend the Butte County Salary Ordinance as follows: PUBLIC
HEALTH-GENERAL SERVICES - 1) the department has requested
the following term positions funded through the Butte County
Children and Families Commission be converted from term
positions to regular help positions with sunset dates of
June 30, 2003: one position of Program Manager-Butte County
Children and Families Commission, one flexibly staffed
position of Administrative Analyst III/II/I, and one position
of Administrative Services Assistant. 2) requested is the
conversion of one term flexibly staffed position of Public
Health Nurse III/II/I to a regular help position with a
sunset date of March 31, 2003; and 3) requested is the
deletion of two positions of Nutrition Assistant III and
seven flexibly staffed positions of Nutrition Assistant II/I,
and the addition of nine flexibly staffed positions of
Nutrition Assistant III/II/I. Flexibly staffing the
positions will provide for employee advancement. PUBLIC
HEALTH-ENVIRONMENTAL HEALTH - deletes one half-time flexibly
staffed position of Office Assistant II/I, and adds one half-
time flexibly staffed position of Office Assistant III/II/I.
Flexibly staffing the position will provide for employee
advancement and provide the department greater flexibility
in staffing choices. PUBLIC HEALTH-RABIES CONTROL - deletes
one flexibly staffed position of Office Assistant II/I, and
adds one flexibly staffed position of Office Assistant
III/II/I. Flexibly staffing the position will provide for
employee advancement and provide the department greater
flexibility in staffing choices. BEHAVIORAL HEALTH-GENERAL
SERVICES - adds two flexibly staffed positions of Senior
Mental Health Counselor/Mental Health Counselor/Mental Health
Worker, and one half-time flexibly staffed position of
Medical Records Technician II/I, all with sunset dates of
June 30, 2004. Additionally the department is requesting the
addition of one flexibly staffed position of Mental Health
Clinician II/I. All positions are in support of the new
Juvenile Hall and will be funded with Substance Abuse and
Mental Health Services Administration funds - action
requested - ADOPT RESOLUTION 02-059 AND AUTHORIZE THE CHAIR
TO SIGN.
Page 139 April 23, 2002
April 23. 2002
02-120 11. Resolution to Authorize the Creation of the Butte County
Library Advisory Board - pursuant to the recommendation of
the Library Long Range Planning Commission, Board approval
is requested by the Butte County Library for a resolution
which would create the Butte County Library Advisory Board.
The board will consist of ten members, and is created for the
purposes of: updating and maintaining a strategic plan for
the library; developing and maintaining a long range library
financial plan; providing an annual statement/report on the
state of the library; re-energizing the Butte County
Libraries Foundation and developing fund raising plans for
the Board of Supervisors' approval; overseeing the
development of relationships with community partners;
advising the Board of Supervisors on issues and trends
impacting the library; monitoring technology that will affect
library operations and providing guidance to the Board of
Supervisors; and developing and overseeing public relations
campaigns in support of the library - action requested -
ADOPT RESOLUTION 02-060 AND AUTHORIZE THE CHAIR TO SIGN; AND
DIRECT LIBRARY STAFF TO SOLICIT LETTER OF INTEREST FROM
POTENTIAL APPOINTEES TO THE BOARD, REVIEW LETTERS RECEIVED,
AND FORWARD RECOMMENDATIONS TO THE BOARD OF SUPERVISORS FOR
APPOINTMENT.
12. Resolution Regarding Juvenile Justice Crime Prevention Act
Modification - Board approval is requested by the Probation
Department for a resolution approving the application for a
modification to the County's Comprehensive Multi-agency
Juvenile Justice Plan as a result of a reduced allocation of
funds for fiscal year 2002-2003. The Juvenile Justice
Coordinating Council met and agreed to modify the plan by
adjusting the amounts received by each of the community based
organizations which provide services in support of the
program in accordance with the reduced funding - action
requested - ADOPT RESOLUTION 02-061 AND AUTHORIZE THE CHAIR
TO SIGN.
13. Resolution Forming the Butte County Resource Conservation
District - Board approval is requested by the Department of
Water and Resource Conservation for a resolution which would
form the Butte County Resource Conservation District in
response to the approval by the voters at the March 5, 2002,
Statewide Primary Election, and as required by the Local
Agency Formation Commission - action requested - ADOPT
RESOLUTION 02-062 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT
A CERTIFIED COPY BE FILED WITH THE LOCAL AGENCY FORMATION
COMMISSION'S EXECUTIVE OFFICER FOR FILING OF A CERTIFICATE
OF COMPLETION.
Page 140 April 23, 2002
April 23, 2002
02-120 14. Resolution Proclaiming May 2002 as Older Americans Month -
action requested - ADOPT RESOLUTION 02-063 AND AUTHORIZE THE
CHAIR TO SIGN.
15. Resolution Proclaiming Dr. Glenn Kendall Day, May 4, 2002 -
action requested - ADOPT RESOLUTION 02-064 AND AUTHORIZE THE
CHAIR TO SIGN.
16. Fred Davis and Associates - Amendment - Board approval is
requested by the Administrative Office for an amendment to
the agreement with Fred Davis and Associates for the
provision of services by Fred Davis as the Interim Director-
Development Services. The amendment extends the term of the
agreement from February 1, 2002, through June 1, 2002,
effective April 9, 2002, 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.
17. Butte County Department of Employment and Social Services -
Memorandum of Understanding - Board approval is requested by
the Butte County Department of Behavioral Health (BCDBH) for
a Memorandum of Understanding (MOU) with the Butte County
Department of Employment and Social Services-Public Guardian
for the provision of investigation and administration
services of conservatorships for BCDBH clients. The term
of the MOU is July 1, 2001, through June 30, 2002, with a
maximum amount payable to the Department of Employment and
Social Services of $140,000 (department budget) - action
requested - APPROVE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE
THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER.
18. United States Department of Health Services-Substance Abuse
and Mental Health Services Administration - Grant
Application - Board approval is requested by the Butte County
Department of Behavioral Health to apply to the United States
Department of Health Services-Substance Abuse and Mental
Health Services Administration for funds under the
Cooperative Agreements for Comprehensive Community Mental
Health Services for Children and Their Families program
(Child Mental Health Initiative). The funds will be used for
cooperative agreements to develop systems of care that
deliver comprehensive community mental health services to
children and adolescents with serious emotional disturbances,
and their families. Approximately $13 million will be
available for 13-16 awards, and funds must be used to develop
systems of care in geographic areas that have not been
targeted for Children's Mental Health Initiative awards in
the past. The grant will require a soft match, and will
allow the use of existing staff to meet the match
requirement, no additional funds will be needed - action
requested - ADOPT RESOLUTION 02-065 APPROVING GRANT
APPLICATION FOR THE CHILDREN'S MENTAL HEALTH INITIATIVE GRANT
AND AUTHORIZE THE CHAIR TO SIGN.
Page 141 April 23, 2002
April 23. 2002
02-120 19. Cherokee Restoration Fellowship - Amendment - Board approval
is requested by the Butte County Department of Behavioral
Health for an amendment to the agreement with Cherokee
Restoration Fellowship for the provision of residential
alcohol and drug treatment services for referred clients.
The amendment provides for the provision of services to
clients of the Butte County Drug Court program, and increases
the daily rate by $3.28 as of March 1, 2002, for a maximum
amount payable increase of $14,850 (department budget). 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. X13133)
20. Sutter Center for Psychiatry - Board approval is requested
by the Butte County Department of Behavioral Health for an
agreement with Sutter Center for Psychiatry for the provision
of inpatient hospitalization services to referred adolescents
111 to 18 years of age. The term of the agreement is
July 1, 2001, through June 30, 2002. Payment of services
under this agreement will be paid on an individual basis as
a client is referred to the facility. Claims for payment
will not be made to the County, but will be made to, and paid
for directly by the State. Funding for the agreement is
identified as Inpatient Consolidation Funds - action
requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X13459)
21. Feather River Tribal Health, Inc. - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with
Feather River Tribal Health, Inc., for the provision of
specialty mental health services to Medi-Cal recipients who
meet the criteria of medical necessity. The amendment
provides for the inclusion of medication support services,
including prescribing, administering, dispensing and
monitoring of psychiatric medications. 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. X11903)
22. Butte County Probation Department - Memorandum of
Understanding - Amendment - Board approval is requested by
the Butte County Department of Behavioral Health for an
amendment to the Memorandum of Understanding with the
Probation Department for the provision of drug testing
services in support of the Drug Court program. The amendment
decreases the maximum amount payable by $18,186 for fiscal
year 2001-2002, 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. X10941)
Page 142 April 23, 2002
April 23. 2002
02-120 23. Select Janitorial Services - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
(BCDBH) for an amendment to the agreement with Select
Janitorial Services for janitorial services for BCDBH
offices. The amendment adds the site at 5910 Clark Road,
Suite T, Paradise, increases the monthly charge for the site
at 5910 Clark Road, Suite W, Paradise, as of March 1, 2002,
increases the maximum amount payable by $1,243.50 for fiscal
year 2001-2002, and increases the maximum amount payable by
$4,092 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. X11588)
24. Superior Court of California, County of Butte - Memorandum
of Understanding - Amendment - Board approval is requested
by the Butte County Department of Behavioral Health for an
amendment to the Memorandum of Understanding with the
Superior Court of California, County of Butte, for the
provision of funds to support the position of Drug Court
Manager, funded by the Drug Court Partnership Grant. The
amendment reduces the maximum amount payable for fiscal year
2001-2002 by $13,250, 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.
X11418)
25. Oroville Recovery Center - Amendment - Board approval is
requested by the Butte County Department of Behavioral Health
for an amendment to the agreement with Oroville Recovery
Center for the provision of long-term residential recovery
services for female clients referred under the Substance
Abuse and Crime Prevention Act. The amendment provides for
the addition of services to Drug Court clients, and increases
the maximum amount payable by $14,850 (department budget).
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. X13378)
26. Right Road Recovery Programs, Inc. - Amendment - Board
approval is requested by the Butte County Department of
Behavioral Health for an amendment to the agreement with
Right Road Recovery Programs, Inc., for the provision of
outpatient and residential treatment services to Drug Court
clients. The amendment increases the maximum amount payable
by $32,888 (department budget) for fiscal year 2001-2002.
All other terms and provisions remain the same - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN. (Contract No. X10930)
Page 143 April 23, 2002
April 23. 2002
02-120 27. Regents of the University of California-Davis - Amendment -
Board approval is requested by the Department of Employment
and Social Services for an amendment to the agreement with
the Regents of the University of California-Davis for the
provision of Eligibility Services training to County staff.
The amendment increases the training days by 2 days, and
increases the maximum amount payable by $5,800 (department
budget) with all other terms and provisions to remain the
same - action requested - APPROVE AGREEMENT AMENDMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13181)
28. Northern California Youth and Family Programs - Amendment -
Board approval is requested by the Department of Employment
and Social Services for an amendment to the agreement with
Northern California Youth and Family Programs for the
provision of the Independent Living Program. The amendment
increases the maximum amount payable by $22,500, provides for
one additional part-time case manager in response to
increased participation in the program, and provides for
additional support items for the participants. Funding for
the agreement will be provided by the State's allocation for
this program for fiscal year 2001-2002. The allocation will
also provide $6,000 needed to fund additional contracts for
this program - action requested - APPROVE BUDGET TRANSFER B-
415 (4/5 vote required) ACCEPTING AND APPROPRIATING
UNANTICIPATED REVENUE; AND APPROVE AGREEMENT AND AUTHORIZE
THE CHAIR TO SIGN. (Contract No. X11477)
29. Home Health Care Management, Inc., d.b.a CHP Plus (HHCM) -
Board approval is requested by the Department of Employment
and Social Services for an agreement with Home Health Care
Management, Inc., d.b.a CHP Plus (HHCM) for the provision of
services in support of the Childcare Assistance Program. The
agreement provides for respite childcare services for
children ages 0-12 who reside with relative care givers in
Butte County. The term of the agreement is February 1, 2002,
through June 30, 2003, with a maximum amount payable of
$142,569. Funding for the agreement will be provided through
a combination of appropriations from Federal TANF Welfare
Performance Incentives funds and department budget funds, and
Board approval is also requested for a budget transfer to
provide the needed funding - action requested - APPROVE
BUDGET TRANSFER B-424 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X13446)
Page 144 April 23, 2002
April 23. 2002
02-120 30. Youth For Change - Board approval is requested by the
Department of Employment and Social Services for a renewal
agreement with Youth For Change for the provision of the
AmeriCorps Family Support Program. The agreement provides
for intensive family support case management services to
CalWORKs participants residing in the Paradise area. The
term of the agreement is January 1, 2002, through
June 30, 2003, with a maximum amount payable of $30,000.
Funding for the agreement will be provided through a
combination of appropriations from Federal TANF Welfare
Performance Incentives funds and department budget funds, and
Board approval is also requested for a budget transfer to
provide the needed funding - action requested - APPROVE
BUDGET TRANSFER B-425 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA
REPORT; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. X13471)
31. Federal Office of Justice Programs - Board approval is
requested by the Department of Employment and Social Services
to apply to the Federal Office of Justice Programs for the
Safe Havens: Supervised Visitation and Safe Exchange Planning
Grant. The grant will provide $120,000 over a two year
period to assist in the planning and development of a
supervised visitation center which would provide a safe and
secure environment for supervised visitation and safe
exchanges of children. The target population includes
victims of child abuse, sexual abuse, domestic violence and
stalking. There is no County match required for the grant -
action requested - APPROVE SUBMISSION OF GRANT APPLICATION
AND AUTHORIZE THE DIRECTOR OF EMPLOYMENT AND SOCIAL SERVICES
TO SIGN.
32. California Department of Forestry and Fire Protection -
Cooperative Forestry Assistance Act of 1978 Volunteer Fire
Assistance Program - Board approval is requested by the Fire
Department for a grant application to the California
Department of Forestry and Fire Protection for funds under
the Cooperative Forestry Assistance Act of 1978, Volunteer
Fire Assistance Program. The grant funds would be utilized
to purchase pagers for the County's volunteer firefighters.
The grant amount is $31,556.12 with a required County match
of $15,778.06 (department proposed budget for fiscal year
2002-2003) - action requested - APPROVE GRANT APPLICATION AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40424)
Page 145 April 23, 2002
April 23. 2002
02-120 33. California Family Health Council, Inc. - Board approval is
requested by the Public Health Department for a grant
agreement with California Family Health Council, Inc., for
the provision of funds to implement a Peer Provider Program
at the clinic located on Table Mountain Boulevard, Oroville.
The Peer Provider program will provide family planning and
reproductive health services to teens by teens. The term of
the agreement is January 1, 2002, through December 31, 2002,
with a maximum amount payable to the County of $75,000.
Board approval is also requested to appropriate $21,629 in
this fiscal year - action requested - APPROVE BUDGET TRANSFER
B-418 (4/5 vote required) ACCEPTING AND APPROPRIATING $21,629
IN UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT;
AND APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. R40438)
34. Physical and Occupational Therapists - Amendments - Board
approval is requested by the Public Health Department for
amendments to the agreements with several physical and
occupational therapists for the provision of services in
support of the California Children's Services program. The
program is mandated by Health and Safety Code 252 and is
funded with Realignment funds ( 25 0) , State funds ( 50 0 ) and
County matching funds (250). The amendments increase the
maximum amounts payable for each of the listed contractors
to provide for the increased hours of services needed under
this program: Monica Swartz - increases the maximum amount
payable by $6, 400; Teresa Wood Hansen - increases the maximum
amount payable by $4,600; Alice McCall - increases the
maximum amount payable by $3,000; and Diane Willow Dejesus -
increases the maximum amount payable by $5,170. All
amendment increases are included in the department's current
year budget. All other terms and provisions of the
agreements remain the same - action requested - APPROVE
AGREEMENT AMENDMENTS (4) AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract Nos. X12099, X13000, X12097, and
X12096 )
35. Home Health Care Management, Inc. d.b.a. CHP Plus -
Amendment - Board approval is requested by the Public Health
Department for an amendment to the agreement with Home Health
Care Management, Inc., doing business as CHP Plus, for the
provision of services in support of the HIV/AIDS Early
Intervention Program and the HIV Transmission Prevention
Program. The amendment increases the maximum amount payable
under the HIV Transmission Prevention Program portion of the
agreement by $3,200 (department budget/State funds) 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. X13231)
Page 146 April 23, 2002
April 23. 2002
02-120 36. California Department of Health Services - AIDS Master Grant
Agreement - Amendment - Board approval is requested by the
Public Health Department for an amendment to the AIDS Master
Grant Agreement with the California Department of Health
Services. The amendment decreases the budget and services
in the Scope of Work for the Education and Prevention Program
Memorandum of Understanding by 10o for each budget year as
a result of State budget changes. The new maximum amount
payable for the period of July 1, 2001, through
June 30, 2004, under the AIDS Education and Prevention
Program Memorandum of Understanding will be $284,295, a
decrease of $31,587, or $10,529 per fiscal year. All other
terms and provisions remain the same - action requested -
APPROVE AMENDMENT TO MASTER GRANT AGREEMENT 01-15068 AND
AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE
DIRECTOR OF PUBLIC HEALTH TO SIGN AMENDMENT NO. 1 TO THE AIDS
EDUCATION AND PREVENTION PROGRAM MEMORANDUM OF UNDERSTANDING
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER.
(Contract No. R40331)
37. Ecology Action - Amendment - Board approval is requested by
the Public Works Department for an amendment to the agreement
with Ecology Action for the development and implementation
of an oil recycling program in support of the Used Oil
Opportunity Grant of 2000. The amendment increases the
maximum amount payable by $319,218.47 for the provision of
additional services required to complete the seven components
of the grant. Initially the Environmental Services Joint
Powers Agency was hired to assist in completion of the grant
tasks, but has since cancelled their contract due to a lack
of staff. The amendment provides for the remaining tasks
which were to be completed by the Environmental Services
Joint Powers Agency to be completed by Ecology Action.
Funding for the agreement amendment is available through the
Used Oil Opportunity Grant of 2000 - action requested -
APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER. (Contract No. X11548)
Page 147 April 23, 2002
April 23. 2002
02-120 38. California Forensic Medical Group - Board approval is
requested by the Sheriff's Office to award an agreement for
the provision of medical services to inmates in the Butte
County Jail and individuals detained in the Butte County
Juvenile Hall. A Request For Proposal for the medical
services was issued with California Forensic Medical Group
selected as the lowest responsible bidder. The term of the
agreement is May 1, 2002, through June 30, 2005, and
thereafter extended annually upon the written agreement of
the parties. First year costs for services will be
$1,656,115. As a result of the cancellation of the services
by the current medical services provider, and the increased
costs incurred as a result of the interim contract, the
medical services budgetary shortfall for this fiscal year is
$53,000. Board approval is requested for a budget transfer
of $53,000 from the Appropriation for Contingencies to
provide funding for the current year medical services costs -
action requested - APPROVE BUDGET TRANSFER B-423 (4/5 vote
required) FROM THE APPROPRIATION FOR CONTINGENCIES; AND AWARD
AGREEMENT FOR MEDICAL SERVICES TO CALIFORNIA FORENSIC MEDICAL
GROUP AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
39. Forensic Resource Team (FOREST) Grant - Board approval is
requested by the Sheriff's Office for a Memorandum of
Understanding between the Butte County Sheriff's Office and
the Probation Department, District Attorney, Department of
Behavioral Health, the Superior Court of California, County
of Butte, and the Butte County Public Defender for the
implementation of the FOREST program. The Sheriff's Office
received the Mentally Ill Offender Crime Reduction Grant in
September 2001 in support of the program. The term of the
agreement is July 1, 2001, through June 30, 2002, to be
renewed annually through June 2004, subject to availability
of funds and agreement of the parties - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X13452A-E)
40. Recognition of Professional Employees Unit and Exclusive
Representative - on March 28, 2002, an election was held to
establish the Professional Employees Unit exclusive
representative, and the Professional Bargaining Unit was
elected as the Professional Employees Unit for representation
with regards to wages, hours and other terms and conditions
of employment - action requested - RECOGNIZE BUTTE COUNTY
PROFESSIONAL BARGAINING UNIT AS THE PROFESSIONAL EMPLOYEES
UNIT'S EXCLUSIVE REPRESENTATIVE FOR THE PURPOSE OF MEETING
AND CONFERRING WITH THE COUNTY WITH RESPECT TO WAGES, HOURS,
AND OTHER TERMS AND CONDITIONS OF WORK.
Page 148 April 23, 2002
Aaril 23. 2002
02-120 41. Medical and Hospital Care Act - Board approval is requested
by the Department of Human Resources for a resolution which
would provide for the County's compliance with the Employee' s
Medical and Hospital Care Act. In 2001 the State Legislature
enacted Labor Code Section 4856, Government Code Section
21635, requiring local agencies to provide lifelong health
benefits to survivors of peace officers and firefighters who
have died in the line of duty, and allows collective
bargaining for the continued benefits coverages of surviving
spouses. The proposed resolution will provide for spouses
of past-fallen officers to apply for lifelong health benefits
with their share of the cost remaining the same as an active
employee would have. Costs for this benefit are reimbursable
to the County. The County classifications that will be
subject to this benefit include: Sheriff, Undersheriff,
Deputy Sheriff, District Attorney Investigator, Deputy
Coroner, Correctional Officer, Probation Officer and Juvenile
Hall Counselor - action requested - ADOPT RESOLUTION 02-066
AND AUTHORIZE THE CHAIR TO SIGN.
42. Substance Abuse and Crime Prevention Act of 2000
(Proposition 36) -County Plan and Funding Request for Fiscal
Year 2002-2003 - Board approval is requested by the Butte
County Department of Behavioral Health for a resolution
approving the Substance Abuse and Crime Prevention Act of
2000 County Plan and Funding Request for Fiscal Year 2002-
2003 as required prior to submission to the State Department
of Alcohol and Drug Programs. The purpose of the program is
to divert nonviolent persons convicted of drug possession or
drug use into treatment and supervision instead of
incarceration. The Proposition 36 Working Group consists
of representatives from the Butte County Department of
Behavioral Health, Sheriff's Office, Public Defender,
District Attorney, Probation, Parole, Courts, Public Health,
and Administrative Office. The working group has met on
several occasions to discuss program aspects and funding
relative to the development of the County plan for fiscal
year 2002-2003 - action requested - ADOPT RESOLUTION 02-067
APPROVING COUNTY PLAN AND AUTHORIZE THE CHAIR TO SIGN.
43. Certification of Statement of Votes Cast - Special Election -
the County Clerk-Recorder-Registrar of Voters submits the
Certification of Statement of Votes Cast at the
April 9, 2002, Special Election for multiple County Service
Areas as specified in County Resolution No. 02-008 - action
requested - ACCEPT CERTIFICATION OF STATEMENT OF VOTES CAST.
Page 149 April 23, 2002
April 23. 2002
02-120 44. Secure Rural Schools and Community Self-Determination Act of
2000 - Board approval is requested by the Fire Department for
authorization of 15 projects recommended by the Butte Fire
Safe Council that will be funded with Secure Rural Schools
and Community Self-Determination Act of 2000 funds. The
projects have been published for the mandatory 45-day comment
period, with no comments brought forward - action requested -
APPROVE PROJECTS; AUTHORIZE THE FIRE DEPARTMENT TO PROCESS
THE GRANTS FOR THESE FUNDS; AND APPROVE BUDGET TRANSFER B-412
(4/5 vote required) TRANSFERRING FUNDS FOR THE PROJECTS INTO
THE FIRE DEPARTMENT'S ANCILLARY SERVICES BUDGET AND REGULAR
SERVICES BUDGET.
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.06 AMENDED TO
CORRECT THE BUDGET TRANSFER NUMBER TO B-422; THE ACTION REQUESTED
ON ITEM 3.31 BE AMENDED TO READ, "ACTION REQUESTED - APPROVE
SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE DIRECTOR OF
EMPLOYMENT AND SOCIAL SERVICES TO SIGN."; AND THE REMOVAL OF ITEM
3.39.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Motion Carried)
Regular Agenda
CHAIR JOSIASSEN NOTES THAT SUPERVISOR BEELER IS NOT PRESENT TODAY
BECAUSE HE IS IN WASHINGTON, D.C. (155)
CHAIR JOSIASSEN PRESENTS A RESOLUTION PROCLAIMING MAY 2002 AS
OLDER AMERICANS MONTH TO CHARLES HANSEN. (162)
02-121 Appointments - Boards, Commissions, and Committees. (245)
1. Appointments to listed vacancies. (NONE)
2. Housing Authority of Butte County - the Housing Authority of
Butte County has requested the Board appoint two resident
commissioners - action requested - APPOINT TWO RESIDENT
COMMISSIONERS TO TERMS TO END APRIL 18, 2004.
MOTION: I MOVE TO APPOINT LENA WHITE AND ROBERTA SOHNREY, RESIDENT
COMMISSIONERS, TO TERMS TO END APRIL 18, 2004.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Motion Carried)
Page 150 April 23, 2002
April 23, 2002
02-121 3. In-Home Supportive Services Advisory Committee - the Chair
of the In-Home Supportive Services Advisory Committee has
requested the Board appointment two committee members -
action requested - APPOINT TWO COMMITTEE MEMBERS (ONE TO A
TERM ENDING DECEMBER 19, 2003, AND ONE TO A TERM ENDING
DECEMBER 19, 2005).
MOTION: I MOVE TO APPOINT HAZEL KINCAID, RECIPIENT REPRESENTATIVE, TO A
TERM TO END DECEMBER 19, 2003, AND JUDITH NORTHERN, RECIPIENT
REPRESENTATIVE, TO A TERM TO END DECEMBER 19, 2005.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Motion Carried)
02-122 Update on legislative and budget activities. (406) PAUL MCINTOSH,
CHIEF ADMINISTRATIVE OFFICER, PROVIDES THE BOARD WITH AN UPDATE OF
THE STATE BUDGET, STATING THE LEGISLATURE IS BEGINNING BUDGET
HEARINGS IN BOTH HOUSES. THE STATE IS NOW PROJECTING A $20
BILLION DEFICIT AND THE MAY REVISE IS EXPECTED TO BE RELEASED ON
MAY 10TH. MR. MCINTOSH ALSO PROVIDED AN UPDATE ON THE VEHICLE
LICENSE FEE BILL, TRIAL COURT FUNDING PROPOSAL, AND AB 2678, THE
ESTES BILL, STATING THE BILL HAD MOVED OUT OF ASSEMBLY AND APPEARS
TO MOVING FAVORABLY THROUGH THE PROCESS.
02-123 Butte County Elder Services Coordinating Council - Report to the
Board - presentation by the Butte County Elder Services
Coordinating Council of progress, and presentation of Needs
Assessment - action requested - ACCEPT FOR INFORMATION. (237)
ITEM REMOVED FROM THE AGENDA WITHOUT DISCUSSION OR ACTION. THIS
ITEM WILL RETURN ON THE AGENDA OF MAY 21, 2002.
02-124 Speed Zone Ordinance on Garden Road - consideration of an
ordinance establishing a speed zone of 25 miles per hour on Garden
Road from Lott Road westerly to the end of the pavement - action
requested - WAIVE READING OF THE ORDINANCE. (568)
MOTION: I MOVE TO WAIVE THE READING OF THE ORDINANCE, AS AMENDED TO REDUCE
THE SPEED LIMIT TO 15 MILES PER HOUR, DIRECT THAT SPEED LIMIT
SIGNS BE ERECTED, DIRECT UNDULATIONS BE INSTALLED, AND FURTHER
DIRECT PUBLIC WORKS STAFF TO PREPARE A REPORT ON THE COST OF
UNDULATIONS ON ROADS, PROPOSING A POLICY ON HOW TO HANDLE SIMILAR
ROAD PROBLEMS THROUGHOUT THE COUNTY, AND INCLUDING A PROPOSAL ON
POSSIBLE COST SHARING OF THE UNDULATIONS BY THE NEIGHBORHOOD
RESIDENTS.
S M
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Motion Carried)
RECESS: 10:12 A.M.
RECONVENE: 10:29 A.M.
Page 151 April 23, 2002
April 23, 2002
Public Hearina and Timed Items
02-125 Continued Public Hearing - George W. Suhrie/Lassen Foundation,
M. C. Horning -Use Permit Appeal - consideration of an appeal of
the Planning Commission's denial of a Use Permit to develop multi-
family housing units consisting of four duplexes and a
freestanding three bedroom, two bathroom single family dwelling.
A total of nine living units would be provided with eight to be
arranged within four duplexes. Each duplex unit would include two
bedrooms and two bathrooms. All proposed units will have attached
garages. The development will include parking areas, landscaping,
driveways, walkways, on-site sewage disposal systems, including
five septic tanks. Traffic circulation would be provided by two
24-foot wide driveway connections to Lakeridge Circle. The
property is zoned C-C (Community Commercial) and WP (Watershed
Protection Overlay) and located east of and adjacent to Lakeridge
Circle, approximately 1,200 feet east of the intersection of
Lakeridge Circle and the Skyway in the Magalia area and identified
as APN 066-320-003 and 004 (DB [UP 02-04]) - action requested -
STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF REPORT
DATED APRIL 23, 2002, ADOPT A MITIGATED NEGATIVE DECLARATION;
2. FIND THAT THE DESIGN OF PROPOSED PROJECT IMPROVEMENTS WILL
NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR THEIR
HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION
711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT
KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE,
SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL
PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA
DEPARTMENT OF FISH AND GAME OR UNITED STATES FISH AND
WILDLIFE SERVICE. THE PROJECT WILL NOT HAVE A SUBSTANTIAL
ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL
ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY
SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY
WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH
OR WILDLIFE SPECIES; OR, CONFLICT WITH THE PROVISIONS OF AN
ADOPTED HABITAT CONSERVATION PLAN;
3. SUBJECT TO FINDINGS III(A AND B) AS DETAILED IN THE STAFF
REPORT DATED APRIL 23, 2002, APPROVE APPEAL 02-03 AND USE
PERMIT 02-04 FOR GEORGE SUHRIE, SUBJECT TO THE FINDINGS AND
CONDITIONS AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT
DATED APRIL 23, 2002, AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 3-12-02 [5.01]) (2348)
PUBLIC HEARING RECONVENED: 10:30 A.M.
PUBLIC HEARING CLOSED: 10:44 A.M.
Page 152 April 23, 2002
April 23. 2002
02-125
VOTE
RECESS:
MOTION: SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF
REPORT DATED APRIL 23, 2002, I MOVE TO ADOPT A
MITIGATED NEGATIVE DECLARATION; FIND THAT THE DESIGN
OF PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND WILDLIFE OR THEIR
HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE
COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE
SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT
SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS
A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN
LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR
BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR UNITED
STATES FISH AND WILDLIFE SERVICE. THE PROJECT WILL NOT
HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN
HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY
PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE
CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE
MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR
WILDLIFE SPECIES; OR, CONFLICT WITH THE PROVISIONS OF
AN ADOPTED HABITAT CONSERVATION PLAN; AND SUBJECT TO
FINDINGS III(A AND B) AS DETAILED IN THE STAFF REPORT
DATED APRIL 23, 2002, FURTHER MOVE TO APPROVE APPEAL
02-03 AND USE PERMIT 02-04 FOR GEORGE SUHRIE, SUBJECT
TO THE FINDINGS AND CONDITIONS AS DETAILED IN EXHIBIT
"A" OF THE STAFF REPORT DATED APRIL 23, 2002, AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 3-12-02 [5.01])
S M
1 NP 2 N 3 N 4 Y 5 Y (Motion Fails to Carry)
COUNTY COUNSEL INFORMS THE BOARD THAT A TIE VOTE RESULTS IN NO
ACTION. A NO ACTION BY THE BOARD MEANS THAT THE DECISION OF THE
PLANNING COMMISSION STANDS. THE APPLICANT WAS DIRECTED TO DISCUSS
WITH STAFF THE OPTIONS AVAILABLE TO HIM AT THIS POINT.
10:51 A.M.
RECONVENE: 11:01 A.M.
Page 153
April 23, 2002
April 23, 2002
Public Hearing and Timed Items
02-126 Public Hearing - Butte County Department of Development Services -
Rezone - consideration of a rezone to conform the zoning of the
subject property to the General Plan, rezoning from A-5
(Agricultural - 5 acre parcels) and A-R (Agricultural Residential)
to C-2 (General Commercial), three parcels totaling 4.9 acres that
are developed with a 10 unit motel on 2.95 acres, a home on 1
acre, and 3 homes on 0.95 acres (this is a project on which a
notice of intent to adopt a negative declaration with mitigation
measures regarding environmental impacts has been given). The
property is located south of, and adjacent to State Route 32,
approximately 1/4 mile southeast of Muir Avenue, at 3207, 3241,
and 3263 State Route 32, Chico, and identified as APNs 042-100-
002, 003, and 004 (File No. REZ 01-02 [CD]) - action requested -
STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS:
1. ADOPT ALTERNATIVE ONE AS ORIGINALLY RECOMMENDED BY THE
PLANNING COMMISSION AS FOLLOWS: "ANY CHANGE IN USE BY NEW
COMMERCIAL CONSTRUCTION SHALL BE REVIEWED BY THE AGRICULTURAL
COMMISSIONER REGARDING SETBACKS FOR NEW BUILDINGS. STANDARD
SETBACKS SHALL BE ADJUSTED OR INCREASED AS REQUESTED BY THE
AGRICULTURAL COMMISSIONER, AND DETERMINED BY THE PLANNING
COMMISSION USING THE PUBLIC HEARING PROCEDURES OF THE
PLANNING SERVICES MEETING. AS PART OF ANY NEW COMMERCIAL
CONSTRUCTION, A SOLID SIX-FOOT FENCE SHALL BE CONSTRUCTED ON
THE BORDERING PROPERTY LINE BETWEEN THE SUBJECT PARCELS AND
THE ORCHARDS.";
2. ADD THE FOLLOWING LANGUAGE TO THE PLANNING COMMISSION'S
RECOMMENDATION: "ALL FOOD SERVICE USES ARE PROHIBITED.";
3. INSTRUCT STAFF TO RETURN THE APPROPRIATE DOCUMENTS TO THE
BOARD OF SUPERVISORS FOR FINAL ADOPTION. (3523) (**00)
PUBLIC HEARING COMMENCED: 11:02 A.M.
MOTION: I MOVE TO CONTINUE THE HEARING OPEN TO AN UNSPECIFIED DATE AND
DIRECT PLANNING STAFF TO MEET WITH ALL FAMILIES EFFECTED BY THE
PROJECT (THE RONEY, HALIMI, DROBNEY FAMILIES) AND COUNTY COUNSEL
TO CONTINUE TO ADDRESS THE OUTSTANDING ISSUES OF THE PROPERTY
OWNERS.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Motion Carried)
Page 154 April 23, 2002
April 23, 2002
Regular Agenda
02-127 Waste Services Agreement Negotiations - Report to the Board - on
March 13, 2001, the Board directed the Department of Public Works
to work with the Solid Waste Committee to negotiate exclusive
waste services agreements with Norcal and Waste Management. The
committee and staff have been in negotiations with the two haulers
for approximately one year, and submitted is a report on the
current status of negotiations, and options for the Board's
consideration - action requested - ACCEPT STATUS REPORT ON THE
CURRENT CONTRACT NEGOTIATIONS; AND PROVIDE DIRECTION TO THE PUBLIC
WORKS DEPARTMENT AND SOLID WASTE COMMITTEE ON HOW TO PROCEED WITH
DEVELOPMENT OF COUNTY SOLID WASTE COLLECTION PROGRAMS. (**937)
(***00)
REPORT TO THE BOARD BY JIM DEWEESE, PUBLIC WORKS, AND BRUCE
MURPHY, INTELLIWASTE CONSULTANT.
BOARD DIRECTION TO STAFF (PUBLIC WORKS, CHIEF ADMINISTRATIVE
OFFICER AND COUNTY COUNSEL) TO WORK WITH THE SOLID WASTE COMMITTEE
TO REVIEW THE RECOMMENDED ACTIONS CONTAINED IN THE REPORT TO THE
BOARD, AND TO PREPARE A MORE COMPREHENSIVE REPORT THAT INCLUDES A
WIDER RANGE OF POSSIBILITIES, AND SPECIFIC RECOMMENDATIONS FOR
BOARD CONSIDERATION AND ACTION. ISSUES TO BE REVIEWED INCLUDE:
DIVERSION, CUSTOMER SERVICE, GREEN WASTE PROGRAMS, WHAT CAN BE
CONTROLLED BY ORDINANCE VERSUS WHAT NEEDS TO REMAIN IN A CONTRACT,
PUBLIC INPUT, FLOW CONTROL, RESPONSE TO NEW MANDATES,
ENVIRONMENTAL ISSUES, SMALL HAULER EXEMPTIONS, COMMUNITY CLEAN-
UPS, BULK WASTE, AND COST CONTAINMENT.
02-128 CIOSed SeSSIOn: THE BOARD RECESSED AT 12:37 P.M. TO A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) FAITH V. BELL (APPEAL) AND
IELATI V. COUNTY OF BUTTE. (***230)
ReCOnVene: THE BOARD RECONVENED AT 1:34 P.M. FROM A CLOSED
SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING
ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE
SECTION 54956.9(a) FAITH V. BELL (APPEAL) AND
IELATI V. COUNTY OF BUTTE. (***325 [NO
ANNOUNCEMENT])
Page 155 April 23, 2002
April 23, 2002
Regular Agenda
02-129 Supervisorial Redistricting - on March 5, 2002, a majority of
voters in Butte County voted no on Measure B, "Ordinance 3759-
Ordnance Amending Article IV of Chapter 2 of the Butte County Code
Redistricting the Supervisorial Districts in the County of Butte";
therefore, it is incumbent upon the Board of Supervisors to decide
on a process and procedure to bring forward and adopt a new
redistricting ordinance to comply with the requirements of State
law - action requested - BOARD DIRECTION IS SOUGHT ON THE PROCESS
AND PROCEDURE TO BE USED TO ENACT A NEW REDISTRICTING ORDINANCE.
(***329)
02-130 BOARD DIRECTION THAT THE COUNTY CLERK-RECORDER-REGISTRAR OF VOTERS
WORK WITH STAFF, INCLUDING G.I.S STAFF AND PUBLIC WORKS DEPARTMENT
STAFF (FOR PREPARATION OF LEGAL DESCRIPTIONS), TO PREPARE
INFORMATION FOR A SPECIAL MEETING/WORKSHOP TO CONSIDER
REDISTRICTING. THE BOARD WOULD LIKE TO CONSIDER A MEETING BE HELD
THE THIRD WEEK OF JUNE, BUT SPECIFIC SCHEDULING OF THE MEETING
DATE WILL BE BROUGHT BACK ON THE NEXT AGENDA FOR CONSIDERATION.
02-131 California Public Employees Retirement System (CalPERS) -
Amendment to Retirement Benefits - consideration of a Resolution
of Intention and introduction of an ordinance which will amend the
County's agreement with CalPERS regarding retirement benefit
calculations. The proposed amendment would:
1) provide to the Deputy Sheriff Classifications: Government
Code Section 21362.2 (3o at 50 Modified formula), Government
Code Section 20432 (Reclassification of County Peace Officers
as "Local Sheriff"), Government Code Section 20042 (One-Year
Final Compensation), Government Code Section 20965 (Credit
for Unused Sick Leave), Government Code Section 21024
(Military Service Credit as Public Service), Government Code
Section 21548 (Pre-Retirement Optional Settlement 2 Death
Benefit for local member), and Government Code Section
21623.5 ($2,000 Retired Death Benefit); and
2) provide to the remaining safety classifications: Government
Code Section 21548 (Pre-Retirement Optional Settlement 2
Death Benefit for local member) and Government Code Section
21623.5 ($2,000 Retired Death Benefit).
Action requested - ADOPT RESOLUTION OF INTENTION AND AUTHORIZE THE
CHAIR TO SIGN; AND WAIVE READING OF THE ORDINANCE. (***1078)
MOTION: I MOVE TO ADOPT RESOLUTION 02-068 AND AUTHORIZE THE CHAIR TO SIGN;
AND WAIVE THE READING OF THE ORDINANCE.
M S
VOTE: 1 NP 2 Y 3 Y 4 Y 5 Y (Motion Carried)
Page 156 April 23, 2002
April 23, 2002
02-132 Items removed from the Consent Agenda for Board consideration and action.
1. State of California-Department of Boating and Waterways Grant
Application for Fiscal Year 2003-2004 - Board approval is
requested by the Sheriff's Office for a grant application to
the State of California-Department of Boating and Waterways
for continued funding for marine patrol of Lake Oroville, the
Sacramento River, and the Feather River. The maximum grant
amount is $188,069, and requires the County to provide a
match of the County's estimated boat tax revenue for that
fiscal year, estimated at $40,787 - action requested -
APPROVE GRANT APPLICATION FOR FISCAL YEAR 2003-2004; APPROVE
USE OF ESTIMATED BOAT TAX REVENUE IN THE AMOUNT OF $40,787;
ADOPT RESOLUTION IN SUPPORT OF GRANT PROGRAM AND AUTHORIZE
THE CHAIR TO SIGN; AUTHORIZE THE SHERIFF TO SIGN GRANT
APPLICATION AND DOCUMENTS; AUTHORIZE KEN JONES, ASSISTANT
AUDITOR-CONTROLLER, TO SIGN AND CERTIFY THE DOCUMENTATION OF
ESTIMATED BOAT TAX REVENUES; AND APPROVE BECKY BLAINE, SUSAN
TIFFANY, DAVE HOUSE R, DAVE KELLY, AND/OR MARVA VANGILDER TO
SIGN QUARTERLY REIMBURSEMENT FORMS. (***1398)
MOTION: I MOVE TO APPROVE THE GRANT APPLICATION FOR FISCAL YEAR 2003-2004;
APPROVE USE OF ESTIMATED BOAT TAX REVENUE IN THE AMOUNT OF
$40,787; ADOPT RESOLUTION 02-069 IN SUPPORT OF GRANT PROGRAM AND
AUTHORIZE THE CHAIR TO SIGN; AUTHORIZE THE SHERIFF TO SIGN GRANT
APPLICATION AND DOCUMENTS; AUTHORIZE KEN JONES, ASSISTANT AUDITOR-
CONTROLLER, TO SIGN AND CERTIFY THE DOCUMENTATION OF ESTIMATED
BOAT TAX REVENUES; AND APPROVE BECKY BLAINE, SUSAN TIFFANY, DAVE
HOUSER, DAVE KELLY, AND/OR MARVA VANGILDER TO SIGN QUARTERLY
REIMBURSEMENT FORMS.
S M
VOTE: 1 NP 2 Y 3 NV 4 Y 5 Y (Motion Carried)
Public Comment
02-133 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. (***1614)
1. RUDY JENKINS, BUTTE COUNTY EMPLOYEES ASSOCIATION, INVITES THE
BOARD TO SACRAMENTO ON MAY 15 AND 16, TO JOIN THEIR LOBBYIST
IN THE EFFORT TO SECURE THEIR BUDGETS.
Page 157 April 23, 2002
April 23. 2002
02-134 CIOSed SeSSIOPI: THE BOARD RECESSED AT 2:13 P.M. TO A CLOSED
SESSION CONFERENCE REGARDING PUBLIC EMPLOYEE
PERFORMANCE EVALUATIONS, INCLUDING GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957: 1.
AGRICULTURAL COMMISSIONER; 2. COUNTY COUNSEL;
3. DIRECTOR-BEHAVIORAL HEALTH; 4. DIRECTOR-CHILD
SUPPORT SERVICES; 5. DIRECTOR-EMPLOYMENT AND
SOCIAL SERVICES; 6. DIRECTOR-HUMAN RESOURCES;
7. DIRECTOR-INFORMATION SYSTEMS; 8. DIRECTOR-
LIBRARIES; 9. DIRECTOR-PUBLIC HEALTH; 10.
DIRECTOR-PUBLIC WORKS; AND 11. DIRECTOR-WATER AND
RESOURCE CONSERVATION. (***1640)
ReCOPIVerle: THE BOARD RECONVENED AT 4:17 P.M. FROM A CLOSED
SESSION CONFERENCE REGARDING PUBLIC EMPLOYEE
PERFORMANCE EVALUATIONS, INCLUDING GOALS,
PURSUANT TO GOVERNMENT CODE SECTION 54957: 1.
AGRICULTURAL COMMISSIONER; 2. COUNTY COUNSEL;
3. DIRECTOR-BEHAVIORAL HEALTH; 4. DIRECTOR-CHILD
SUPPORT SERVICES; 5. DIRECTOR-EMPLOYMENT AND
SOCIAL SERVICES; 6. DIRECTOR-HUMAN RESOURCES;
7. DIRECTOR-INFORMATION SYSTEMS; 8. DIRECTOR-
LIBRARIES; 9. DIRECTOR-PUBLIC HEALTH; 10.
DIRECTOR-PUBLIC WORKS; AND 11. DIRECTOR-WATER AND
RESOURCE CONSERVATION. (***1650)
AdIOUrrllllerlt: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD,
THE MEETING WAS ADJOURNED AT 4:17 P.M., TO
RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE
HELD TUESDAY, MAY 7, 2002, AT 9:00 A.M.
Curt Josiassen, Chair
ATTEST:
Paul McIntosh, Chief Administrative Officer
and Clerk of the Board of Supervisors
By:
Deputy
Page 158 April 23, 2002