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HomeMy WebLinkAboutM052102.' .. .,r~,.,• ~c' _. o - ;~; efn: MINUTES=°- ` =~= ~* = ~~ :~' ~~,•` •. ~~ • M ay 21, 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: 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 States of America. Invocation - Pastor Linda Prendergast, First United Methodist Church, Oroville. 02 - 043 Items removed from the Consent Agenda for Board consideration and action ( 96 ) 1. Security System - Board approval is requested by the Department of Employment and Social Services for the fixed asset purchase of a security system for the leased facility on Mira Loma, Oroville, in the amount of $20,432. Board approval is also requested for a budget transfer of department funds to provide for the purchase - action requested - APPROVE FIXED ASSET PURCHASE OF SECURITY SYSTEM; AND APPROVE BUDGET TRANSFER B-494. 2. T. W. DuFour and Associates - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with T. W. DuFour and Associates for the property located at 500 Cohasset Road, Suite 24, Chico. The property will be utilized by the Youth Services Division. The term of the agreement is May 1, 2002, through April 30, 2012, with a maximum amount payable of $283,680.12 for the multi-year term. The department will provide infill costs in the amount of $30,000, with the Lessor providing three months of free rent as their contribution towards the infill costs. The maximum financial obligation for fiscal year 2001-2002 will be $4,032 (department budget). Infill costs will be incurred in fiscal year 2002-2003 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13504) Page 174 May 21, 2002 M ay 21, 2002 02-043 3. T. W. DuFour and Associates - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with T. W. DuFour and Associates for the property located at 500 Cohasset Road, Suites 16 and 17, Chico. The property will be utilized by the Youth Services Division. The term of the agreement is May 1, 2002, through April 30, 2012, with a maximum amount payable of $765,989.19 over the multi-year term. The department will provide infill costs in the amount of $185,704.95, with the Lessor providing six months of free rent as their contribution towards the infill costs. The maximum financial obligation for fiscal year 2001-2002 will be $185,704.95 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13507) 4. Board Meeting Calendar Modification - Board approval is requested by the Clerk of the Board to alter the Board' s meeting schedule for the month of August. The County Clerk Recorder-Registrar of Voters has notified the Clerk of the Board that election guidelines for requests for election consolidation must be received within a specific time frame. Many of the special districts within the County would like to request consolidation of their upcoming elections with the General Election to be held in November. with the current Board calendar, the meeting of August 13, 2002, makes meeting required election time frames impossible for the special districts wanting to consolidate. Moving the meeting of August 13 to August 6 would eliminate the timing problem and provide special districts the opportunity to request consolidation. The Clerk of the Board is recommending the Board also move the meeting date of August 27 to August 20 to provide for the Board's normal two-week meeting schedule for the remainder of the month - action requested - AMEND THE BOARD'S MEETING DATES CALENDAR FOR AUGUST 2002, CANCELLING THE ADOPTED MEETING DATES OF AUGUST 13 AND AUGUST 27, AND SETTING NEW MEETING DATES OF AUGUST 6 AND AUGUST 20. ALL ITEMS ABOVE WERE REMOVED WITHOUT BOARD CONSIDERATION OR ACTION. Consent Agenda 02-044 1. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-484 (DISTRICT ATTORNEY); B-485 (DISTRICT ATTORNEY); B-493 (PROBATION); B-489 (PROBATION); B-492 (EMPLOYMENT AND SOCIAL SERVICES); B-488 (SHERIFF'S OFFICE); AND B-496 (SUPERIOR COURT/FACILITIES SERVICES). (All budget transfers listed above require a 4/5 vote.) 2. Library Donations - pursuant to Government Code Section 25355, donations of $215 from the Gridley Friends of the Library, and $100 from an anonymous donor have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Page 175 May 21, 2002 M ay 21, 2002 02-044 3. Memorial Garden Donations - pursuant to Government Code Section 25355, donations in the amount of $839.26 have been received by the Sheriff's Office for the construction of a Fallen Officers Memorial Garden to be located in front of the Sheriff's Office. Board approval is requested to transfer the funds to the Sheriff's Office budget to be utilized for expenses associated with construction of the garden - action requested - ACCEPT DONATIONS; AND APPROVE BUDGET TRANSFER B-487 (4/5 vote required) ACCEPTING AND APPROPRIATING DONATED FUNDS. 4. Butte County Behavioral Health Board - action requested - APPOINT BILL KEHOE, FAMILY MEMBER REPRESENTATIVE, TO A VACATED TERM TO END DECEMBER 31, 2002. 5. Emergency Medical Care Committee - action requested - APPOINT KARA DAVIS, MOBILE INTENSIVE CARE NURSE REPRESENTATIVE, TO A VACATED TERM TO END JUNE 30, 2002. 6. Surplus Property - the General Services Director submits a listing of various vehicles and equipment which represent fixed assets deemed to be beyond economic repair, and/or no longer needed by County departments - action requested - DECLARE ITEMS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSAL BY THE PURCHASING AGENT IN ACCORDANCE WITH COUNTY POLICY. 7. Jail Computer Server - Emergency Purchase - Board approval is requested by the Sheriff's Office to ratify the emergency purchase of a computer server and software upgrade for the jail records management system in the amount of $46,090. The Printrak Offendertrak 6.0 system was purchased in response to two system failures of the current system. Sole source justification is also requested, as the current system in the jail is the Printrak Offendertrak system, and purchase of the server from another source would require shipping the equipment to Printrak for a database conversion and installation, adding to the overall cost of the system. The Sheriff's Office was approved for a server purchase in the amount of $14,000 in the fiscal year 2001-2002 budget. The system purchased includes hardware and software ($35,860), system conversion, installation and initiation ($8,500), and a one year warranty ($3,140). Board approval is also requested for a budget transfer in the amount of $32,090 from the Inmate Welfare Fund to provide the remaining needed funding for the purchase - action requested - RATIFY EMERGENCY PURCHASE: APPROVE SOLE SOURCE PURCHASE OF COMPUTER SERVER; APPROVE BUDGET TRANSFER B-490 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE FROM THE INMATE WELFARE FUND; AND APPROVE CONTRACT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 176 May 21, 2002 M ay 21, 2002 02-043 8. Relief of Accountability - Employment and Social Services - Board approval is requested by the Department of Employment and Social Services for a relief of accountability for IBM desktop computer systems (asset numbers 24941-24969) which were transferred to surplus without appropriate paperwork. Both the District Attorney and Auditor-Controller have reviewed the request - action requested - GRANT RELIEF OF ACCOUNTABILITY FOR FIXED ASSET NUMBERS 24941-24969. 9. State Department of Child Support Services - Administrative Electronic Data Processing Maintenance and Operations - Board approval is requested by the Butte County Department of Child Support Services to accept and appropriate $117,000 of $356,888 in additional funds received from the State for administrative electronic data processing maintenance and operations. The funds will be used to purchase equipment and software. Board approval is also requested for the fixed asset purchase of an uninterruptible power supply unit in the amount of $20,000, a tape drive unit in the amount of $6,000, and an air conditioning unit for the computer equipment room in the amount of $15,000 - action requested - APPROVE BUDGET TRANSFER B-495 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE PURCHASE OF FIXED ASSET ITEMS. 10. Treasury Compliance Audit - Fiscal Year 2000-2001 - the Butte County Treasury Oversight Committee is required to have an annual compliance audit performed to ensure County compliance with Government Code Article 6, Section 27130 et seq. The audit was performed by Bartig, Bassler and Ray. The Treasurer submits a copy of the audit and the Treasurer's response as required by Government Code. The compliance audit found the County to be in compliance with applicable code, and found the Treasury Oversight Committee functioned as was intended by legislation - action requested - ACCEPT FOR INFORMATION. 11. Monthly Investment Report - the Treasurer-Tax Collector submits the April 30, 2002, report in accordance with the Statement of Investment Policy dated July 1, 2001 - action requested - ACCEPT FOR INFORMATION. 12. Introduction of an Ordinance Delegating Investment Authority to the Treasurer-Tax Collector - Government Code Section 53607 allows the Board of Supervisors to delegate investment authority to the Treasurer on an annual basis. The proposed ordinance will provide investment authority to the Butte County Treasurer-Tax Collector for Fiscal Year 2002-2003 - action requested - WAIVE READING OF THE ORDINANCE. Page 177 May 21, 2002 M ay 21, 2002 02-043 13. Introduction of an Ordinance Amending Chapter 2, Article XIII.5, Sections 2-100.70(b) and (c) of the Butte County Code Relating to Powers and Duties of the Butte County Children and Families Commission - introduction of an ordinance amending the language regarding the requirement of the Butte County Children and Families Commission's budget process, providing for the Commission to establish its next year's operational budget by the end of May, to forward the budget to the Board of Supervisors for information and comment, and then to forward the budget to the County Auditor prior to the beginning of the new fiscal year in July. The amendment also eliminates the requirement of a public hearing on the budget prior to submission to the Board of Supervisors - action requested - WAIVE READING OF THE ORDINANCE. 14. Resolution to Amend the Salary Ordinance - the Department of Human Resources has prepared a resolution to amend the salary ordinance as follows: DISTRICT ATTORNEY-CRIMINAL - adds one position of Paralegal with a sunset date of December 31, 2002, in response to the incumbent's long-term workers' Compensation leave. The position will be funded with salary savings. COUNTY COUNSEL - deletes one flexibly staffed position of Chief Deputy County Counsel/Deputy County Counsel IV, and adds one flexibly staffed position of Deputy County Counsel IV/III/II/I. The proposed change to the flexible staffing will provide the department with greater choices in future recruitments. SHERIFF-CORONER-SPECIAL ENFORCEMENT UNIT - adds one position of Deputy Sheriff with a sunset date of October 31, 2004, in support of the California Multi-jurisdictional Methamphetamine Enforcement Team grant. BEHAVIORAL HEALTH-GENERAL SERVICES - deletes one position of Psychiatrist. The Department will contract for these services - action requested - ADOPT RESOLUTION 02-081 AND AUTHORIZE THE CHAIR TO SIGN. 15. Resolution Recognizing Deputy District Attorney Clare Keithley as Prosecutor of the Year - action requested - ADOPT RESOLUTION 02-082 AND AUTHORIZE THE CHAIR TO SIGN. 16. Resolution in Recognition of William E. Anderson upon Retirement from the Butte County Sheriff's Office - action requested - ADOPT RESOLUTION 02-083 AND AUTHORIZE THE CHAIR TO SIGN. 17. Resolution in Recognition of Martin W. "Butch" Ellis upon Retirement from the Butte County Sheriff's Office - action requested - ADOPT RESOLUTION 02-084 AND AUTHORIZE THE CHAIR TO SIGN. 18. Resolution in Recognition of Nicholas L. Limbaugh upon Retirement from the Butte County Sheriff's Office - action requested - ADOPT RESOLUTION 02-085 AND AUTHORIZE THE CHAIR TO SIGN. 19. Resolution in Recognition of James M. Nylander upon Retirement from the Butte County Sheriff's Office - action requested - ADOPT RESOLUTION 02-086 AND AUTHORIZE THE CHAIR TO SIGN. Page 178 May 21, 2002 M ay 21, 2002 02-043 20. Bremner Court Right-of-way Exchange - Bremner Court is a public street created July 2001 by the offer and acceptance of a dedication in fee simple on the subdivision map for Durham Land Estates, Phase 2. The road was constructed approximately 15 feet longer than allowed for within the dedicated right-of-way, and Public works, along with the developer and the adjoining lot owners, are requesting Board approval to adjust the Bremner Court right-of-way to allow for the newly constructed improvements. The adjustments will affect four adjoining lots - action requested - ADOPT RESOLUTION 02-087 OF SUMMARY ABANDONMENT AND RIGHT-OF-WAY EXCHANGE FOR PORTIONS OF BREMNER COURT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE GRANT DEED CONVEYING TO THE ADJOINING LOT OWNERS THOSE PORTIONS OF BREMNER COURT THAT HAVE BEEN SUMMARILY ABANDONED AND AUTHORIZE THE CHAIR TO SIGN; ACCEPT THE FEE-SIMPLE CONVEYANCE OF THOSE PORTIONS OF BREMNER COURT REQUIRED FOR PUBLIC STREET AND PUBLIC SERVICE PURPOSES BY GRANT DEED FROM 3 ADJOINING LOT OWNERS; AND ACCEPT A DEED CONVEYING THAT PORTION OF LOT A NEEDED FOR PUBLIC STREET, PUBLIC SERVICES AND ALL OTHER PUBIC PURPOSES AND AUTHORIZE THE CHAIR TO SIGN. 21. Reconstruction of West Sacramento Avenue Bridge Across Kusal Slough - Federal Project No. BRLO-5912(015); County Project No. 54123-95-2 - Award of Bid - the project consists of the construction of a three-span reinforced cast-in-place concrete flat slab highway bridge and reconstruction of approximately 800 lineal feet of approaching roadway. Bids were opened May 6, 2002, with the low bidder being AJ Vasconi General Engineering of Concord, California, in the amount of $328,563 (department budget) - action requested - AWARD BID TO LOWEST RESPONSIBLE BIDDER, AJ VASCONI GENERAL ENGINEERING OF CONCORD, CALIFORNIA, AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 22. 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 Mr. Davis as the Interim Director-Development Services. The amendment extends the term of the agreement to an unspecified date to allow the County time to recruit and hire a permanent Director, and reduces the amount of time Mr. Davis will spend performing duties for the County from 40 hours a week to 24 hours a week, with flexibility provided for additional hours if needed. Mr. Davis's hourly rate of compensation will remain the same. Costs associated with the amendment will be absorbed by the Development Services Department's current year budget - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 179 May 21, 2002 M ay 21, 2002 02-043 23. United States Department of Agriculture (USDA), Animal and Plant Health Inspection Services (APHIS), wildlife Services Agreement - Board approval is requested by the Agricultural Commissioner for an annual work plan and agreement with the USDA, APHIS, and wildlife Services, for wildlife damage management on properties within Butte County. The plan provides for wildlife Services to supply all program supervision, administration, and equipment to reduce, terminate, and prevent predation and damage to livestock, crops and other property caused by damaging birds and mammals. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $32,675 (department budget) - action requested - APPROVE WORK PLAN AND AGREEMENT AND AUTHORIZE THE AGRICULTURAL COMMISSIONER TO SIGN. (Contract No. X11212) 24. Community Living Centers-JOBS Plus - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Community Living Centers-JOBS Plus for the provision of vocational training to individuals with mental illness who have experienced homelessness. The amendment increases the maximum amount payable by $25,000 (department budget) to provide funding for the purchase of a van for transporting program participants. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13164) 25. Chico Community Shelter Partnership - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Chico Community Shelter Partnership for the provision of support services to the mentally ill homeless through local agencies. The amendment increases the maximum amount payable by $8,000 (department budget) for additional outreach supplies and computer related expenses. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13459) 26. Butte County Public Health Department/Butte County Department of Behavioral Health - Memorandum of Understanding - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the Public Health Department for the provision of HIV/AIDS services to substance abuse clients in treatment with the Butte County Department of Behavioral Health. The amendment increases the maximum amount payable by $10,000 (department budget) for the purchase of educational materials, supplies and equipment. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13207) Page 180 May 21, 2002 M ay 21, 2002 02-043 27. Oroville Recovery Center - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the 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 increases the maximum amount payable by $9,927.75 (department budget) for the provision of services to Forensic Resource Team (FOREST) program clients. 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) 28. Skyway House - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Skyway House for the provision of non-residential rehabilitative ambulatory intensive outpatient services and long- term residential recovery services for Substance Abuse and Crime Prevention Act referred clients. The amendment decreases the Substance Abuse and Crime Prevention Act funding by $30,500.65, and increases Forensic Resource Team (FOREST) funding by $15,638.04 to provide services to referrals from the FOREST program - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X13423) 29. Tri-County Treatment - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Tri-County Treatment for the provision of short-term alcohol and drug residential treatment services. The amendment increases the maximum amount payable by $30,500.64 (department budget) to allow the expansion of services to clients of the Substance Abuse and Crime Prevention Act program. 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. X13386) 30. A.D.I. Investigative Services - Amendment - Board approval is requested by the Department of Child Support Services for an amendment to the agreement with A.D.I. Investigative Services for the provision of Process Service activities. The amendment increases the maximum amount payable by $20,000 (department budget) as a result of increased need for services. 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 181 May 21, 2002 M ay 21, 2002 02-043 31. Community Action Agency of Butte County - Board approval is requested by the County Clerk-Recorder for a lease agreement with the Community Action Agency of Butte County for the property located at 2640 Fifth Avenue, Suites 6 and 7, Oroville. The property is utilized to store voting equipment and supplies. The term of the agreement is February 1, 2002, through January 31, 2004, with a maximum amount payable of $34,200 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13436) 32. David Kennedy - Board approval is requested by County Counsel for an agreement with David Kennedy for the provision of legal services required by the Department of Employment and Social Services- Children's Services Division. The attorney currently providing services to the department will terminate his contract on May 31, 2002. The term of the agreement is June 1, 2002, through June 30, 2002, with a compensation rate of $100 per hour, and a maximum amount payable not to exceed $9,965.55 (State funding). Following June 30, 2002, an attorney for these services will be retained as a result of the Request For Proposal process - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. (Contract No. X11629) 33. California Department of Insurance - Automobile Insurance Fraud Grant - Board approval is requested by the District Attorney to apply to the California Department of Insurance for grant funds to support an Automobile Insurance Fraud Program - action requested - ADOPT RESOLUTION 02-088 AUTHORIZING THE DISTRICT ATTORNEY TO SUBMIT GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 34. California Department of Insurance - workers' Compensation Fraud Grant - Board approval is requested by the District Attorney to apply to the California Department of Insurance for grant funds to support a workers' Compensation Fraud Program - action requested - ADOPT RESOLUTION 02-089 AUTHORIZING THE DISTRICT ATTORNEY TO SUBMIT GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 35. Superior Court of California, County of Butte - Board approval is requested by the Department of Employment and Social Services for an agreement with the Superior Court of California, County of Butte, for the provision of Juvenile Dependency Mediation services. The term of the agreement is June 1, 2002, through June 30, 2004, with a maximum amount payable of $167,000 ($7,000 for fiscal year 2001- 2002; $80, 000 for fiscal year 2002-2003; and $80, 000 for fiscal year 2003-2004 [department budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 182 May 21, 2002 M ay 21, 2002 02-043 36. Family Tree Services - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the agreement with Family Tree Services for the provision of supervised visitation services for families receiving Family Reunification Services. The amendment increases the maximum amount payable by $18,000 (department budget) in response to an increased demand for services. 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. 37. Office of Criminal Justice Planning - Board approval is requested by the Probation Department to accept $37,594 in grant funds from the Office of Criminal Justice Planning under the Juvenile Accountability and Incentive Block Grant Program. The program is designed to recognize positive behaviors by juvenile probationers. The program offers a weekend accountability program, administers accountability-based sanctions, and includes participation in the Juvenile Peer Court. The grant requires a County match of $4,177, and both the revenue and match have been included in the department's fiscal year 2002-2003 budget proposal - action requested - ACCEPT GRANT AND AUTHORIZE THE INTERIM CHIEF PROBATION OFFICER TO SIGN GRANT DOCUMENTS. 38. R & B Electronics - Board approval is requested by the Sheriff's Office for an agreement with R & B Electronics for the provision of maintenance services on the electronic security systems in the Butte County Jail. Sole source approval is also requested for the agreement. R & B Electronics installed the equipment in the jail, and their expertise is needed to maintain the system in optimal condition. The term of the agreement is April 1, 2002, through April 1, 2003, with a maximum amount payable of $29,500 (department budget) - action requested - APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR- CONTROLLER; AND APPROVE PAYMENT OF FIRST QUARTER PAYMENT ($7,375) FROM ACCOUNT 360.003.530 FOR THIS FISCAL YEAR. 39. California Multi-jurisdictional Methamphetamine Enforcement Team (CAL-MMET) Grant - Board approval is requested by the Sheriff's Office to accept $350,000 in grant funds to support an aviation program of surveillance, intelligence, and reconnaissance of narcotic traffickers. The term of the grant is May 1, 2002, through October 31, 2004, and will fund a full-time deputy sheriff pilot for aerial patrol and all expenses associated with flight operations. The grant also provides $80,000 for equipment in the first year - action requested - ACCEPT GRANT AND AUTHORIZE THE SHERIFF TO SIGN GRANT AWARD AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AUTHORIZE THE SHERIFF, AS AGENT FOR THE COUNTY, TO SIGN OTHER NECESSARY GRANT RELATED DOCUMENTS; APPROVE BUDGET TRANSFER B-486 (4/5 vote required) ACCEPTING AND APPROPRIATING $87,615 IN UNANTICIPATED GRANT REVENUE FOR THIS FISCAL YEAR; AND APPROVE PURCHASE OF FIXED ASSET EQUIPMENT AS DESCRIBED IN ATTACHMENT A, PAGE 7 OF THE AGENDA REPORT. Page 183 May 21, 2002 M ay 21, 2002 02-043 40. State of California-Department of water Resources - Board approval is requested by the Butte County Department of water and Resource Conservation for a revenue agreement with the State of California- Department of water Resources which provides to the County 5 0 of the proceeds associated with participation by western Canal water District in the 2001 Dry Year water Purchase Program. Under the agreement the funds will be used to conduct an evaluation of third- party impacts associated with the fallowing of agricultural lands associated with the Dry Year water Purchase Program. The term of the agreement is from date of signature through December 31, 2002, with a maximum amount payable of $55,066. The appropriation has been included in the department's fiscal year 2002-2003 budget proposal - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN RELATED FUNDING DOCUMENTS ON BEHALF OF THE COUNTY. 41. County of Butte-City of Chico Joint Meeting - Board approval is requested by the Chief Administrative Officer to set a second special meeting for Tuesday, June 18, 2002, for the purpose of conducting a joint meeting with the Chico City Council to discuss issues of mutual concern - action requested - SET SPECIAL MEETING FOR TUESDAY, JUNE 18, 2002, AT 6:00 P.M. (TENTATIVE TIME TO BE CONFIRMED BY CITY OF CHICO) FOR THE PURPOSE OF CONDUCTING A JOINT MEETING WITH THE CHICO CITY COUNCIL. 42. Advanced Step Hire - Correctional Technician - Board approval is requested by the Sheriff's Office for the advanced step hire of a Correctional Technician candidate to Step 5 of the salary range based on past experience with the department as both a regular-help and extra-help employee. Pursuant to Personnel Rule 11.5(b), the Director of Human Resources recommends the advanced step hire - action requested - APPROVE ADVANCED STEP HIRE OF A CORRECTIONAL TECHNICIAN CANDIDATE TO STEP 5 OF THE SALARY RANGE. 43. Advanced Step Hire - Deputy Sheriff - Board approval is requested by the Sheriff's Office for the advanced step hire of a Deputy Sheriff candidate to Step 4 of the salary range based on 17 years of law enforcement experience. Pursuant to Personnel Rule 11.5(b), the Director of Human Resources recommends the advanced step hire - action requested - APPROVE ADVANCED STEP HIRE OF A DEPUTY SHERIFF CANDIDATE TO STEP 4 OF THE SALARY RANGE. 44. Rural Alliance Inc. - Student Scholarships - the Rural Alliance Inc., has created a scholarship program to advance better education for rural California residents. As a member of the Regional Council or Rural Counties, Butte County will be allocated $1000 of Rural Alliance Inc., funds for up to two scholarships. The Department of Employment and Social Services has proposed two individuals to receive $500 scholarships each. Board approval is requested to adopt a resolution allowing participation in the scholarship program - action requested - ADOPT RESOLUTION 02-090 AND AUTHORIZE THE CHAIR TO SIGN. Page 184 May 21, 2002 M ay 21, 2002 02-043 45. Butte County Code Enforcement Advisory Board - Bylaws and Activity Update - the Butte County Code Enforcement Advisory Board convened on May 15, 2002, and pursuant to Butte County Resolution No. 02-021, worked with County staff to develop bylaws for the Board of Supervisors' consideration. The Advisory Board unanimously voted to submit the bylaws to the Board for approval. An update of other Advisory Board activities is also included in the agenda report for Board information - action requested - ACCEPT RECOMMENDATION OF THE BUTTE COUNTY CODE ENFORCEMENT ADVISORY BOARD AND APPROVE PROPOSED BYLAWS. (111) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF 3.08, 3.31, 3.32 AND 3.45. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR JOSIASSEN PRESENTS A RESOLUTION TO CLARE KEITHLEY HONORING HER AS PROSECUTOR OF THE YEAR. CHAIR JOSIASSEN PRESENTS A RESOLUTION TO MARTIN W. "BUTCH" ELLIS UPON HIS RETIREMENT FROM THE BUTTE COUNTY SHERIFF'S OFFICE. SHERIFF SCOTT MACKENZIE PRESENTS A RETIREMENT BADGE TO SARGENT. ELLIS. CHAIR JOSIASSEN PRESENTS A RESOLUTION TO NICHOLAS L. LIMBAUGH UPON HIS RETIREMENT FROM THE BUTTE COUNTY SHERIFF'S OFFICE. SHERIFF SCOTT MACKENZIE PRESENTS A RETIREMENT BADGE TO CAPTAIN LIMBAUGH. RECESS: 9:31 A.M. RECONVENE: 9:41 A.M. Regular Agenda 02-044 Appointments - Boards, Commissions, and Committees. (791) 1. Appointments to listed vacancies. (NONE) 02-045 Update on legislative and budget activities. PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE ADMINISTRATIVE OFFICE HAS PREPARED A BALANCED COUNTY BUDGET, AND PRESENTS A CHART DEPICTING THE ESTIMATED IMPACTS OF PROPOSED CUTS TO BUTTE COUNTY UNDER THE GOVERNOR'S BUDGET IN THE MAY REVISE FOR FISCAL YEAR 2002-2003. (800) BOARD DIRECTION THAT THE ADMINISTRATIVE OFFICE, WITH INPUT FROM THE BOARD, PREPARE A LETTER TO BE SENT TO LOCAL CIVIC GROUPS TRANSMITTING THE SUBMITTED CHART AND EXPLAINING THE EFFECT OF THE GOVERNOR'S BUDGET PROPOSALS ON LOCAL GOVERNMENTS. Page 185 May 21, 2002 M ay 21, 2002 02-046 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. (1289) PRESENTATION TO THE BOARD BY PAT CRAGAR, DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES; BRIAN FRANK AND JAY HARRIS, BUTTE COUNTY ELDER SERVICES COORDINATING COUNSEL. 02-047 Gridley Redevelopment Project Area - Report to the Board - presentation by the City of Gridley of the proposed Gridley Redevelopment Project Area and consideration of appointment of two Board members to represent the County in matters pertaining to the City of Gridley Redevelopment Project - action requested - ACCEPT FOR INFORMATION; AND APPOINT TWO BOARD MEMBERS TO REPRESENT THE COUNTY IN MATTERS PERTAINING TO THE CITY OF GRIDLEY REDEVELOPMENT PROJECT. (2008) (**00) PRESENTATION TO THE BOARD BY JACK SLOTA, CITY ADMINISTRATOR, CITY OF GRIDLEY AND JOHN HUFFMAN, EXECUTIVE VICE PRESIDENT, URBAN FUTURES, INCORPORATED. MOTION: I MOVE TO APPOINT SUPERVISORS BEELER AND JOSIASSEN TO REPRESENT THE COUNTY IN MATTERS PERTAINING TO THE CITY OF GRIDLEY REDEVELOPMENT PROJECT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BOARD DIRECTION THAT ADMINISTRATIVE OFFICE STAFF BEGIN SETTING MEETINGS TO DISCUSS THE PROJECT. RECESS: 10:53 A.M. RECONVENE: 11:09 A.M. Public Hearing and Timed Items 02-048 Public Hearing - County Service Area 137 (CSA 137)-Durham Dayton Industrial Partners - Annexation - Property Owner Protest Hearing and Ballot Proceedings - the welsh Etter Investment Company has requested annexation to CSA 137 for fire protection services. The annexation is subject to approval by the Local Agency Formation Commission, and pursuant to Proposition 218 requirements, the proposed maximum service charge of $1,000 per parcel of real property is subject to a property owner protest hearing and ballot proceedings. On March 26, 2002, the Board of Supervisors adopted Resolution No. 02-036 making application to the Local Agency Formation Commission for the annexation, and setting this public hearing for commencement of the protest hearing and ballot proceedings to impose the maximum service charge - action requested: 1. OPEN PUBLIC HEARING TO REQUEST PROTESTS TO THE PROPOSED ANNEXATION AND ESTABLISHMENT OF THE MAXIMUM SERVICE CHARGE; Page 186 May 21, 2002 M ay 21, 2002 02-048 2. IF THERE IS NOT A MAJORITY PROPERTY OWNER PROTEST, CLOSE THE PUBLIC HEARING AND REQUEST BALLOT RESULTS FROM THE CLERK OF THE BOARD; 3. IF A MAJORITY OF THE BALLOTS ARE IN FAVOR OF ESTABLISHMENT OF THE SERVICE CHARGES, REQUEST COUNTY STAFF TO NOTIFY THE LOCAL AGENCY FORMATION COMMISSION THAT THE WELSH ETTER INVESTMENT COMPANY ANNEXATION TO CSA 137 IS ACCEPTABLE IF IT IS CONDITIONED THAT THE COUNTY WOULD LEVY THE PREVIOUSLY ESTABLISHED AND COLLECTED SERVICE CHARGE ON THE PARCEL BEING ANNEXED. (FROM 3-26-02 [3.04]) (**429) PUBLIC HEARING OPENED: 11:12 A.M. PUBLIC HEARING CLOSED: 11:13 A.M. TOTAL BALLOTS SENT: 1 TOTAL BALLOTS IN FAVOR: 1 TOTAL BALLOTS OPPOSED: 0 BOARD DIRECTION TO COUNTY STAFF TO NOTIFY THE LOCAL AGENCY FORMATION COMMISSION THAT THE WELSH ETTER INVESTMENT COMPANY ANNEXATION TO CSA 137 IS ACCEPTABLE IF IT IS CONDITIONED THAT THE COUNTY WOULD LEVY THE PREVIOUSLY ESTABLISHED AND COLLECTED SERVICE CHARGE ON THE PARCEL BEING ANNEXED. 02-049 Public Hearing - Rename a Private Road in Butte County - the property owners along Nikki Creek Lane have submitted a petition to change the road's name to Sterling Creek Lane. Board approval is requested by the Public works Department, pursuant to Streets and Highways Code Section 970.5, for a resolution which would rename Nikki Creek Lane (Garden Road to end) to Sterling Creek Lane - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-7-02 [3.06]) (**483) PUBLIC HEARING OPENED: 11:14 A.M. PUBLIC HEARING CLOSED: 11:15 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 02-091 AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-050 Public Hearing - Tentative Parcel Map Appeal - Kenneth E. Ghimenti - consideration of an appeal of Condition 5 of the Conditions of Approval imposed by the Development Review Committee for approval of a Tentative Parcel Map to divide a 18.7 acre parcel into one parcel of 10.3 acres (Parcel 1) and one parcel of 8.4 acres (Parcel 2) This is a matter on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. Both parcels are developed with one single family dwelling. Sewage disposal is handled by on-site septic systems and domestic water is obtained from an individual on-site well that serves both dwellings. The property is zoned FR-2 (Foothill Recreational - 2 acre parcels) and is located on the east side of Concow Road, approximately 1,200 feet north of Highway 70, Concow, and identified as APN 058-560-006 (CS [TPM 02-12]) - action requested - STAFF RECOMMENDS THE BOARD CONTINUE THE HEARING TO JUNE 11, 2002. (**543) Page 187 May 21, 2002 M ay 21, 2002 02-050 PUBLIC HEARING OPENED: 11:16 A.M. MOTION: I MOVE TO CONTINUE THE PUBLIC HEARING OPEN TO JUNE 11, 2002, AT 11:00 A.M. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-051 Public Hearing - Tentative Parcel Map Appeal - David H. and Brenda Ellis - consideration of an appeal of Conditions 17 and 18 of the Conditions of Approval imposed by the Development Review Committee for approval of a Tentative Parcel Map to create 3 parcels of 20.5, 85, and 116 +/- acres from two existing parcels totaling 221.5 +/- acres. This is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. A lot line adjustment is also proposed between an adjacent parcel of 32.5 acres, which will be reduced in size to 20 acres. The property is zoned "U" (Unclassified), S-H (Scenic Highway) and FR-40 (Foothill Recreational - 40 acre parcels) and is located west of, and adjacent to Pentz Road, opposite Pioneer Trail, in the south Paradise area, and identified as APNs 041-470-110, 041-080-151 and 041-470-086 (DB [TPM 02- 10]) - action requested - STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTION: 1. DENY THE APPEAL FOR DAVID H. ELLIS WITH THE CORRECTION TO CONDITION 17 AS RECOMMENDED BY THE DEPARTMENT OF PUBLIC WORKS, AND AS SHOWN IN THE CONDITIONS ATTACHED TO THE AGENDA REPORT. ALTERNATIVE ACTIONS: 1. GRANT THE APPEAL AND MAKE CHANGES TO CONDITIONS 17 AND 18 AS DETERMINED APPROPRIATE. 2. CONTINUE THE APPEAL FOR DAVID H. ELLIS. (**659) PUBLIC HEARING OPENED: 11:19 A.M. PUBLIC HEARING CLOSED: 11:52 A.M. MOTION: I MOVE TO GRANT THE APPEAL AND MAKE CHANGES TO CONDITION 17 AND 18. CONDITION 17 IS TO READ, "PROVIDE TWO-WAY TRAVERSABLE ACCESS TO EACH PARCEL FROM A COUNTY MAINTAINED ROAD OR FROM A STATE HIGHWAY. IMPROVE PARCEL FRONTAGE AND ACCESS ROAD TO RS-8 LDI ROAD STANDARD." CONDITION 18 IS TO READ, "DEDICATE A ONE-FOOT "NO ACCESS STRIP" OR RELINQUISH ABUTTERS RIGHTS TO BUTTE COUNTY ALONG THE PENTZ ROAD FRONTAGE OF PARCEL ONE, EXCEPT AT THE THREE APPROVED ACCESS POINTS." S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 188 May 21, 2002 M ay 21, 2002 Regular Agenda 02-052 California Public Employees Retirement System (CalPERS) - Amendment to Retirement Benefits - consideration of an ordinance, introduced April 23, 2002, 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 ORDINANCE AUTHORIZING AMENDMENT TO CALPERS CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (**1980) MOTION: I MOVE TO ADOPT ORDINANCE 3821 AUTHORIZING AMENDMENT TO CALPERS CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-053 Items removed from the Consent Agenda for Board consideration and action. (**2011) (NONE) 02-054 2002 Regional Transportation Improvement Program - Reconstruction Project on Forest Highway 119 (Oroville Quincy Highway) between Lake Madrone and Mountain House - consideration of a request to the Butte County Association of Governments to utilize $500,000 of the County's 2002 Regional Transportation Improvement Program allocation for the Oroville Highway reconstruction project - action requested - APPROVE A REQUEST TO THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS TO PROGRAM $500,000 OF THE COUNTY'S 2002 LOCAL REGIONAL IMPROVEMENT PROGRAM/STATE TRANSPORTATION IMPROVEMENT PROGRAM ALLOCATION FOR THE OROVILLE QUINCY HIGHWAY RECONSTRUCTION PROJECT BETWEEN LAKE MADRONE TO MOUNTAIN HOUSE. (**2022) MOTION: I MOVE TO APPROVE A REQUEST TO THE BUTTE COUNTY ASSOCIATION OF OF GOVERNMENTS TO PROGRAM $500,000 OF THE COUNTY'S 2002 LOCAL REGIONAL IMPROVEMENT PROGRAM/STATE TRANSPORTATION IMPROVEMENT PROGRAM ALLOCATION FOR THE OROVILLE QUINCY HIGHWAY RECONSTRUCTION PROJECT BETWEEN LAKE MADRONE AND MOUNTAIN HOUSE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 189 May 21, 2002 M ay 21, 2002 Public Comment 02-055 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. (**2500) (NONE) 02-056 CIOSed SeSSIOn: THE BOARD RECESSED TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL AT 2:08 P.M. (FOLLOWING THE TOUR OF THE SOUTHSIDE OROVILLE COMMUNITY CENTER) REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE, PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER; 2. CHIEF ADMINISTRATIVE OFFICER; 3. COUNTY COUNSEL; 4. DIRECTOR-BEHAVIORAL HEALTH; 5. DIRECTOR-CHILD SUPPORT SERVICES; 6. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES; 7. DIRECTOR- HUMAN RESOURCES; 8. DIRECTOR-INFORMATION SYSTEMS; 9. DIRECTOR-LIBRARIES; 10. DIRECTOR-PUBLIC HEALTH; 11. DIRECTOR-PUBLIC WORKS; 12. DIRECTOR-WATER AND RESOURCE CONSERVATION; AND PUBLIC EMPLOYEE EMPLOYMENT/ APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR DEVELOPMENT SERVICES. (**2509) Public Hearings and Timed Items 02-057 Timed Recess - Recess to the Southside Oroville Community Center for a tour of the facility. (**2560) THE BOARD RECESSED AT 12:07 TO A TOUR OF THE SOUTHSIDE OROVILLE COMMUNITY CENTER. THE BOARD RECONVENED AT 2:08 P.M. FROM A TOUR OF THE SOUTHSIDE OROVILLE COMMUNITY CENTER AND RECESSED IMMEDIATELY TO CLOSED SESSION. Page 190 May 21, 2002 M ay 21, 2002 02-058 Closed Session ReCOnyene: THE BOARD RECONVENED FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL AT 4:26 P.M (FOLLOWING THE TOUR OF THE SOUTHSIDE OROVILLE COMMUNITY CENTER) REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE, PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS, INCLUDING GOALS, PURSUANT TO GOVERNMENT CODE SECTION 54957: 1. AGRICULTURAL COMMISSIONER; 2. CHIEF ADMINISTRATIVE OFFICER; 3. COUNTY COUNSEL; 4. DIRECTOR-BEHAVIORAL HEALTH; 5. DIRECTOR-CHILD SUPPORT SERVICES; 6. DIRECTOR-EMPLOYMENT AND SOCIAL SERVICES; 7. DIRECTOR- HUMAN RESOURCES; 8. DIRECTOR-INFORMATION SYSTEMS; 9. DIRECTOR-LIBRARIES; 10. DIRECTOR-PUBLIC HEALTH; 11. DIRECTOR-PUBLIC WORKS; 12. DIRECTOR-WATER AND RESOURCE CONSERVATION; AND PUBLIC EMPLOYEE EMPLOYMENT/ APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR DEVELOPMENT SERVICES. (**2566) AdJOUrnment: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 4:26 P.M. TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, JUNE 11, 2002, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors By Page 191 May 21, 2002