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HomeMy WebLinkAboutM052504BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 Called to order at 9:02 a.m., in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Dolan, Houx, Josiassen, Yamaguchi, and Chair 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 States of America. Observation of a Moment of Silence. CORRECTIONS AND~OR CHANGES TO THE AGENDA. O4 1 O-OO 1 ITEMS REMOVED FROM THE CONSENT AGENDA FOR BOARD CONSIDERATION AND ACTION. (75) 1. Superior Janitorial - Amendment - approval is requested for an amendment to the agreement with Superior Janitorial for the provision of janitorial services at leased office space locations. The amendment terminates services at 5910 Clark Road, Suite G, Paradise, effective August 1, 2003, extends the term of the agreement for the remaining sites to June 30, 2005, reduces the maximum amount payable for fiscal year 2003-2004 by $803, and sets the maximum amount payable for fiscal year 2004-2005 at $15,048 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13045) 2. Select Janitorial Services - Amendment - approval is requested for an amendment to the agreement with Select Janitorial Services for the provision of janitorial services at leased office space locations. The amendment extends the term of the agreement through June 30, 2005, and increases the maximum amount payable by $28,934 (department budget) for the extended term. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11588) 3. Medo's Building Maintenance - Amendment - approval is requested for an amendment to the agreement with Medo's Building Maintenance for the provision of janitorial services at leased office locations. The amendment extends the term of the agreement through June 30, 2005, and increases the maximum amount payable by $4,380 (department budget) for the extended term. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13067) MINUTES PAGE 1 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-001 4. Resolution Approving Amendment to Butte County Improvement Standards - approval is requested for a resolution which will amend the Improvement Standards for developments within the unincorporated areas of the County. Proposed is an amendment to Standard 5-31 (Private Driveway Details) to broaden the acceptable pipe types, and revise the improvements required for permitted development versus requested encroachment improvement. Additionally, to allow for a more efficient reaction to changes in requirements, the resolution will also provide authority to the Director-Public works to approve minor changes to the Improvement Standards subject to acceptance by the Board - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 5. Donation for Equipment - pursuant to Government Code Section 25355, a donation of $675 has been received from the Sheriff's Team of Active Retired Seniors (S.T.A.R.S.) for the purchase of abase station radio for the Magalia substation - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION; AND APPROVE BUDGET TRANSFER B-405 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT. AT THE REQUEST OF THE SHERIFF'S OFFICE, THIS ITEM REMOVED FROM THE CONSENT AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. THE ITEM WILL RETURN ON A SUBSEQUENT AGENDA. CONSENT AGENDA 0410-002 1. Fixed Asset Purchase of Computer Equipment - approval is requested for the fixed asset purchase of eleven computer servers in the total amount of $95,850. The servers will replace outdated servers in the department's network system. Board approval is also requested to transfer funds between department budget line items to provide the appropriation for the purchase - action requested - APPROVE FIXED ASSET PURCHASE OF COMPUTER EQUIPMENT; AND APPROVE BUDGET TRANSFER B-399 AS DETAILED IN THE AGENDA REPORT. 2. Budget Transfer - approval is requested to transfer, accept and appropriate $500,000 from the Realignment Trust Account to the department's operating budget to provide funding for the purchase of computers for the department. The computers are needed to facilitate the department's connection to the County's centralized network - action requested - APPROVE BUDGET TRANSFER B-400 (4/5 vote required) ACCEPTING AND APPROPRIATING TRUST FUND REVENUE AS DETAILED IN THE AGENDA REPORT. MINUTES PAGE 2 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-002 3. County of Shasta - approval is requested for a revenue agreement with the County of Shasta for the provision of psychiatric inpatient care services to residents of Shasta County referred to the Butte County Psychiatric Health Facility for services. The term of the agreement is May 4, 2004, through June 30, 2005, with a maximum amount payable to the County of $204,313.86 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 4. J & S Office Maintenance - Amendment - approval is requested for an amendment to the agreement with J & S Office Maintenance for the provision of janitorial services at leased office space locations. The amendment extends the term of the agreement through June 30, 2005, increases the maximum amount payable by $6,750 (department budget) for the extended term, and revises the agreement's exhibits to incorporate the extended term. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13049) 5. Feather River Tribal Health, Inc. - Amendment - approval is requested for an amendment to the agreement with Feather River Tribal Health, Inc., for the provision of mental health and medication management services to children receiving Medi-Cal benefits. The amendment revises language regarding patient/client records, and revises the service exhibits and attachments to include the addition of Attachment 5 "Expedited Review Request". All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X14418) 6. Counseling Solutions - Amendment - approval is requested for an amendment to the agreement with Counseling Solutions for the provision of mental health services to children receiving Medi-Cal benefits. The amendment revises language regarding patient/client records, and revises the service exhibits and attachments to include the addition of Attachment 5 "Expedited Review Request". All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14558) MINUTES PAGE 3 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-002 7. Sacramento Valley Family Services - Amendment - approval is requested for an amendment to the fiscal year 2002-2003 agreement with Sacramento Valley Family Services for the provision of mental health services to Youth Services clients. The amendment increases the maximum amount payable by $71,879 (department budget) as a result of increased referrals for services. All other terms and provisions remain the same. The delay in adjustment of the prior year agreement is the result of delays from the State and issuance of settlement letters - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13704) 8. State of California, Department of Mental Health - approval is requested for a revenue agreement with the State of California, Department of Mental Health, for the County's provision of Phase I and Phase II Managed Care services for Medi-Cal beneficiaries. The term of the agreement is July 1, 2004, through June 30, 2005, with a maximum amount payable to the County of $2,070,915 - action requested - ADOPT RESOLUTION 04-091 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 9. State of California, Department of Alcohol and Drug Programs - Amendment - approval is requested for an amendment to the Negotiated Net Amount/Drug Medi-Cal agreement with the State of California, Department of Alcohol and Drug Programs, for fiscal years 2001-2005. The amendment increases the fiscal year 2003-2004 allocation by $16,327. All other terms and provisions remain the same - action requested - ADOPT RESOLUTION 04-092 APPROVING AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT AMENDMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40320) 10. State of California, Department of Alcohol and Drug Programs - approval is requested for the Negotiated Net Amount/Drug Medi-Cal agreement with the State of California, Department of Alcohol and Drug Programs. The term of the agreement is July 1, 2004, through June 30, 2008, with a maximum amount payable to the County of $1,959,858 per fiscal year - action requested - ADOPT 04-093 RESOLUTION APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PAGE 4 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-002 11. County of Butte Indian Gaming Local Community Benefit Committee - Bylaws - on April 13, 2004, the Board accepted draft bylaws for the County of Butte Indian Gaming Local Community Benefit Committee and directed staff to work with the Committee to review and finalize the bylaws and return them to the Board for final adoption. On May 3, 2004, the Committee met and unanimously voted to approve the draft bylaws with the following changes: 1.) Elimination of references to alternate members; and 2.) Deletion of the provision relating to determination of length of office by the drawing of lots. All other provisions of the bylaws are as presented to the Board on April 13, 2004 - action requested - APPROVE FINAL BYLAWS AS APPROVED AND SUBMITTED BY THE COMMITTEE. 12. ThyssenKrupp Elevator - approval is requested for an agreement with ThyssenKrupp Elevator for the provision of maintenance services for the elevator equipment in the building located at 1420 Myers Street, Oroville. The term of the agreement is April 1, 2004, through March 31, 2009, with a maximum amount payable of $750 per quarter (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14830) 13. Introduction of an Ordinance Amending Section 2-21 of the Butte County Code Regarding Supervisors Administrative Assistants - consideration of an ordinance which will amend the Butte County Code with regard to how Board of Supervisors' Administrative Assistants are appointed, removed and compensated. The proposed amendment will provide for each Board member to nominate an Administrative Assistant and the Chief Administrative Officer to make appointments and determine compensation. There is no change to the status of the employees, which is at-will and exempt from the County's merit system - action requested - WAIVE READING OF THE ORDINANCE. 14. Private Industry Council - Amendment - approval is requested for an amendment to the sublease agreement with the Private Industry Council for the property located at 202 Mira Loma Drive, Oroville. The amendment increases the maximum amount payable for change orders, modifications, infill or additions by $10,000 (department budget) for fiscal year 2003-2004. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13126) 15. Barbara Weibel - approval is requested for a lease agreement with Barbara Weibel for the property located at 9418-A Midway, Durham. The office space is utilized by the Durham/Richvale Battalion Chief. The term of the agreement is July 1, 2004, through June 30, 2006, with a monthly lease rate of $350 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14827) MINUTES PAGE 5 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-002 16. Williamson Properties, Inc. - approval is requested for a lease agreement with Williamson Properties, Inc., for the property located at 2334 Fair Street, Chico. The location is utilized by Fire Station 44. The term of the agreement is July 1, 2004, through June 30, 2005, with a monthly lease rate of $2,200 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14869) 17. Courthouse Expansion Project - Escrow Agreement for Security Deposits in Lieu of Retention - approval is requested for an escrow agreement with Allen L. Bender, Inc., and Union Bank of California, for the Courthouse Expansion Project. Pursuant to Public Contract Code Section 22300, the contractor (Allen L. Bender, Inc.) has the option to deposit securities with an escrow agent (Union Bank of California) as an alternative method of securing deposits in lieu of the loo retention withheld on progress payments. The proposed agreement is authorized by the bid documents - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 18. Associated Bay Area Governments Publicly Owned Energy Resources (ABAG POWER) - in 1997 the County became a member of ABAG POWER and entered into an agreement for the acquisition and use of electric power at optimized cost savings. On June 30, 2001, the Electric Program was suspended and ABAG POWER is proposing to distribute funds back to participating counties. Proposed is a "wind Up Agreement" for the program which provides a $550,263 refund to the County - action requested - ACCEPT REFUND; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 19. Award of Contract and Budget Transfer - Information Systems Electrical/Mechanical Systems Upgrade - the growing computer infrastructure in the Information Systems Department has resulted in the need for increased power supply and HVAC systems upgrades. An electrical and mechanical systems upgrade was included in the department's proposed fiscal year 2004-2005 budget, but current equipment requirements and the expected summer heat have created an urgent need to move forward with the project in the current fiscal year. Invitations for Bid were distributed, with Crawford Construction of Chico being the lowest responsible bidder at $119,600. Board approval is requested to award the contract to Crawford Construction of Chico, and to approve a budget transfer of $141,603 from the ISF Equipment Replacement Fund to cover the entire cost of the project - action requested - APPROVE BUDGET TRANSFER B-401 (4/5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT; AND AWARD AGREEMENT TO CRAWFORD CONSTRUCTION OF CHICO AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MINUTES PAGE 6 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-002 20. Personnel Rules - Amendments - approval is requested for a resolution which will amend the Personnel Rules. The proposed amendments have been approved through the contract negotiation process with the Butte County Employees Association-General Unit, Butte County Management Employees Association, Butte County Correctional Officers Association (general and supervisory units), Butte County Professional Employees Association, Butte County Probation Peace Officers Association, and Communication workers of America-Social Services Unit. Amendments are made to the following subject areas: provisional appointments, reasonable cause, split positions, application for examination (Veterans' Preference Points), Electrical Outages Policy, compensation payment schedule, promotion, vacation leave, Family Care and Medical Leave Policy (return to work from FMLA/CFRA), coordination of paid family leave/FMLA/CFRA/PDL, bereavement leave, and Comprehensive Travel Policy - action requested - ADOPT RESOLUTION 04-094 AND AUTHORIZE THE CHAIR TO SIGN. 21. Memoranda of Understanding - the County, the Deputy Sheriff's Association (General and Management Units), Professional Employees Association and the Probation Peace Officers Association have met and conferred for successor Memoranda of Understanding which provide for the following major provisions: 1) salaries will remain unchanged; 2) an increase in County contribution to employee health premiums effective January 1, 2004; and 3) a reopening provision upon implementation of the Countywide classification and compensation study. The term of the agreement with the Probation Peace Officers Association is January 1, 2004, through March 31, 2004. The term of the agreements with the Professional Employees Association and the Deputy Sheriff's Association (General and Management Units) is October 1, 2003, through March 31, 2004 - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. MINUTES PAGE 7 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-002 22. Resolution to Amend the Salary Ordinance - the department has prepared a resolution which will amend the salary ordinance as follows: SHERIFF-CORONER - FORENSIC SERVICES TEAM - reduces the position date of one sunset position of Administrative Analyst I from June 30, 2005, to October 29, 2004. PROBATION - deletes one position of Supervisor-Clerical Support Services, and one flexibly staffed position of Legal Secretary I/Legal Typist Clerk. Adds two flexibly staffed positions of Office Assistant III/II/I. Extends the position end date of one flexibly staffed sunset position of Probation Officer III/II/I from June 30, 2004, to June 30, 2005. DEVELOPMENT SERVICES - deletes one flexibly staffed position of Senior Planner/Associate Planner. Adds one flexibly staffed position of Associate Planner/Assistant Planner. COUNTY CLERK-RECORDER - extends the position end date of one sunset position of Deputy County Clerk-Recorder I from June 30, 2004, to June 30, 2005, and converts the position to a flexibly staffed sunset position of Deputy County Clerk- Recorder II/I. BEHAVIORAL HEALTH-GENERAL SERVICES - converts the following positions from sunset positions to permanent positions: one position of Supervisor-Mental Health Counselor, one flexibly staffed position of Mental Health Clinician II/I, and two flexibly staffed positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health Worker. LIBRARY-LITERACY GRANT - extends the position end date of one sunset position of Library Assistant II from June 30, 2004, to December 31, 2004, and extends the position end date of one flexibly staffed sunset position of Library Assistant II/I from June 30, 2004, to June 30, 2005 - action requested - ADOPT RESOLUTION 04-095 AND AUTHORIZE THE CHAIR TO SIGN. 23. Budget Transfer - approval is requested for a budget transfer of $5,000 from the General Fund Appropriation For Contingencies to fund an agreement for investigative services regarding allegations of employee misconduct and violations of County Personnel Rules or Memoranda of Understanding - action requested - APPROVE BUDGET TRANSFER B-402 (4/5 vote required) ACCEPTING AND APPROPRIATING $5,000 FROM THE GENERAL FUND APPROPRIATION FOR CONTINGENCIES AS DETAILED IN THE AGENDA REPORT. 24. Library Donation - pursuant to Government Code Section 25355, a donation of $856.45 from the Paradise Friends of the Library has been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. 25. Budget Transfer - approval is requested for a transfer of $388 from the Paradise Operation Trust to the Extra Help account. The Library uses extra help positions to fill in when regular staff employees are out sick or on vacation - action requested - APPROVE BUDGET TRANSFER B-403 (4/5 vote required) ACCEPTING AND APPROPRIATING TRUST FUNDS AS DETAILED IN THE AGENDA REPORT. MINUTES PAGE 8 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-002 26. Resolution Requesting Approval to Apply for a Juvenile Accountability Block Grant - on April 13, 2004, the Board approved a grant application to the Board of Corrections for a Juvenile Accountability Block Grant. Subsequent to that approval, the department learned that a resolution of approval is required to be submitted with the application - action requested - ADOPT RESOLUTION 04-096 AND AUTHORIZE THE CHAIR TO SIGN. 27. Greg Costo - approval is requested for an agreement with Greg Costo to serve as a part-time Lab Director. The County is required to have a licensed Public Health Microbiologist to operate its lab. Recruitment of a full-time Lab Director has been unsuccessful to date, and contracting for services on a part-time basis will allow the department to meet the requirements to operate the lab. The term of the agreement is June 1, 2004, through December 31, 2004, with a maximum amount payable of $38,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 28. Butte County Children and Families Commission - Amendment - approval is requested for an amendment to the grant agreement with the Butte County Children and Families Commission for funds to support the creation of the Butte Immunization Information System. The amendment extends the term of the agreement through December 31, 2004, increases the maximum amount payable to the County by $57,083.88 for the extended term, revises the scope of work and attachments to reflect the amendments, replaces the provision regarding allowable changes to the agreement, and adds a provision for Attorney' s Fees. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14089) 29. Butte County Children and Families Commission - Amendment - approval is requested for an amendment to the grant agreement with the Butte County Children and Families Commission for funds to support the Visiting Infants and Parents Program. The amendment extends the term of the agreement through December 31, 2004, increases the maximum amount payable to the County by $184,264.33 for the extended term, revises the scope of work and attachments to reflect the amendments, replaces the provision regarding allowable changes to the agreement, and adds a provision for Attorney's Fees. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X14101) MINUTES PAGE 9 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-002 30. Lower Honcut Road Bridge Across Wilson Creek - Painting Project - the project consists of the removal of existing paint coating, exposing the steel girders, bent caps and stiffeners to bare metal, and application of a new paint coating system. The engineer's estimate for the project is $136,600, with 80o reimbursable through the Federal Highway Bridge Rehabilitation and Replacement Program - action requested - AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND ADOPT WAGE SCALE. 31. County Service Area (CSA) No. 34 (Gridley Pool) - Budget Transfer - approval is requested for a transfer of $10,854 from the Provisions for Reserves/ Designations Account into the CSA operating budget to provide the appropriation needed to pay for extensive repair work to the pool's expansion joints and pool perimeter - action requested - APPROVE BUDGET TRANSFER B-404 (4 /5 vote required) ACCEPTING AND APPROPRIATING FUNDS AS DETAILED IN THE AGENDA REPORT. 32. Used Oil Block Grant - approval is requested to apply to the California Integrated waste Management Board for funds under the tenth cycle Used Oil Block Grant program. The grant will provide $52,619 to continue and expand existing used oil education programs. The County will act as lead agency for the grant on behalf of the Cities of Oroville, Gridley, Biggs and the Town of Paradise - action requested - ADOPT RESOLUTION 04-097 APPROVING SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DIRECTOR- PUBLIC WORKS, OR HIS DESIGNEE, TO EXECUTE ALL NECESSARY APPLICATIONS, CONTRACTS, PAYMENT REQUESTS, PURCHASES, AGREEMENTS, AND AMENDMENTS FOR THE PURPOSE OF SECURING GRANT FUNDS AND TO IMPLEMENT AND CARRY OUT THE PURPOSES SPECIFIED IN THE GRANT APPLICATION. 33. Drug Endangered Children Program Memoranda of Understanding - on September 23, 2003, the Board approved a grant application for funds to support drug endangered children programs. The grant provided $250,000 to the County for program activities and required a pass through of $50,000 to neighboring counties for drug interdiction and child protection efforts, and $20, 000 to Employment and Social Services for staff call- outs. Approval is requested for Memoranda of Understanding with Plumas County, Yuba/Sutter County, Tehama/Glenn County, Colusa County, and the Department of Employment and Social Services to implement the grant requirements. The agreements are for the one year term of the grant and detail the activities and responsibilities of each participating agency - action requested - APPROVE AGREEMENTS (4) AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN; AND AUTHORIZE THE CHIEF ADMINISTRATIVE OFFICER TO SIGN ANY SUBSEQUENT DOCUMENTS RELATED TO THE GRANT PROGRAM. MINUTES PAGE 10 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-002 34. Adoption of an Ordinance Amending Butte County Code Section 2-166 Delegating Investment Authority to the Butte County Treasurer-Tax Collector - introduction of an ordinance which will delegate investment authority to the Treasurer-Tax Collector for fiscal year 2004-2005 - action requested - ADOPT ORDINANCE 3878 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 5-11-03 [3.40] ) 35. Monthly Investment Report - submitted is the Monthly Investment Report dated April 30, 2004, in accordance with the Statement of Investment Policy dated July 1, 2003 - action requested - ACCEPT FOR INFORMATION. 36. Annual Statement of Investment Policy - approval is requested, pursuant to Government Code Sections 27133 and 53601, for the Annual Statement of Investment Policy which sets forth policies regarding the investment of surplus funds and funds under the custodianship of the Treasurer. The policy has been reviewed by the Butte County Treasury Oversight Committee and will become effective July 1, 2004 - action requested - APPROVE ANNUAL STATEMENT OF INVESTMENT POLICY. 37. Columbia Ultimate Business Systems, Inc. - Amendment - approval is requested for a sole source amendment to the agreement with Columbia Ultimate Business Systems, Inc., for the provision of software systems licensing and support. The amendment extends the term of the agreement through June 30, 2005, and revises the schedules for licenses and support to reflect the current costs of $13,724 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 38. State of California, Department of water Resources - Amendment - approval is requested for an amendment to the revenue agreement with the State of California, Department of water Resources, for funds to develop an Integrated watershed and Resource Conservation Plan. The amendment extends the term of the agreement through June 30, 2005, to allow additional time for development of Basin Management Objectives and Board action on suggested policies, and includes revised exhibits updating the Department of water Resources' standard clauses. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 39. Tri-County Economic Development Corporation Revolving Loan Fund Administration Board - action requested - REAPPOINT SUPERVISOR HOUX AND STEVE TROVER, REPRESENTATIVES, TO TERMS TO END JUNE 2007. MINUTES PAGE 11 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS 0410-002 40. Tri-County Economic Development District and Tri-County Small Business Development Advisory Committee - action requested - REAPPOINT SUPERVISOR HOUX, REPRESENTATIVE, AND MIKE TRAVIS, ALTERNATE, TO TERMS TO END JUNE 30, 2006. MOTION: VOTE REGULAR AGENDA 0410-003 Boards, Commissions and Committees. (110) 1. Appointments to Listed Vacancies. (NONE) 2. Housing Authority of the County of Butte - action requested - APPOINT TENANT REPRESENTATIVE TO A TERM TO END APRIL 16, 2006. MOTION: I MOVE TO APPOINT ROBERTA SOHNREY TO A TERM TO END APRIL 16, 2006. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. Board Member or Committee Reports. 0410-004 Update on Current Budget and Legislative Issues by the Chief Administrative Officer. (335) PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, PRESENTED A REPORT REGARDING THE MAY REVISE. 41. Law Library Board of Trustees - action requested - REAPPOINT RAOUL LECLERC AND GARY KNIPPEN, TRUSTEES, TO A TERM TO END JANUARY 2005. 42. Butte County Housing Element - General Plan Amendment Report to the Board - pursuant to Butte County Code, submitted is the Planning Commission Action Report for the General Plan Amendment of the Butte County Housing Element. The Planning Commission is recommending the Board adopt the Housing Element - action requested - ACCEPT REPORT; AND SET A PUBLIC HEARING FOR CONSIDERATION OF THIS MATTER FOR TUESDAY, JUNE 8, 2004, AT 10:30 A.M. (100) I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.04, 3.05, 3.06, 3.36 and 3.37. M S l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) SUPERVISOR YAMAGUCHI PROVIDED A REPORT ON THE REGIONAL COUNCIL OF RURAL COUNTIES MEETING. SUPERVISOR BEELER PROVIDED AN UPDATE REGARDING WATER TESTING OF THE TUSCAN B AQUIFER. MINUTES - MAY 25, 2004 MOTION: I MOVE THAT THE BOARD OF SUPERVISORS TAKE A FORMAL POSITION OF SUPPORT FOR THE LOCAL GOVERNMENT PACKAGE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) MINUTES PAGE 12 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-004 1. Board Meeting Calendar Modifications - consideration of changes to the Board' s Meeting Calendar for July and August - action requested - CANCEL MEETING OF JULY 27, AND RESCHEDULE MEETING DATES IN AUGUST TO AUGUST 3, 17, 24; AND/OR AMEND CALENDAR AS NEEDED. (899) ITEM INTRODUCED FOR DISCUSSION AND CONTINUED TO JUNE 8, 2004, FOR FINAL DETERMINATION. 0410-005 Countywide User Fee Study - presentation of the final phase of the Countywide User Fee Study - action requested - ACCEPT FOR INFORMATION THE USER FEE STUDY PREPARED BY MAXIMUS; AND PROVIDE STAFF DIRECTION ON FEE ADJUSTMENTS FOR PREPARATION OF A FEE ORDINANCE. (990) BOARD DIRECTION TO COUNTY COUNSEL STAFF TO PREPARE A FEE ORDINANCE TO BE BROUGHT BACK FOR CONSIDERATION, AND TO ADMINISTRATIVE OFFICE STAFF TO PROVIDE A COMPARISON REPORT OF WHAT NEW SERVICES, AND FEES FOR THOSE SERVICES, ARE BEING CREATED BY THE ORDINANCE. RECESS: 10:22 a.m. RECONVENE : 10:3 5 a . m . PUBLIC HEARINGS AND TIMED ITEMS 0410-006 Continued Public Hearing - Margaret Mills - Tentative Parcel Map - consideration of an appeal of the Development Review Committee's denial of a Tentative Parcel Map to divide a 10+/- acre parcel into two 5 acre parcels on property zoned A-5 (Agricultural - 5 acre parcels). This is an item not subject to environmental review (only if the Board chooses to deny the appeal). The property is located on the east side of Dunstone Drive, approximately 3,400 feet south of Avocado Road, in the Bangor area, and identified as APN 028-200-041 (CS [T PM 03-11]) - action requested - AT THE REQUEST OF THE APPLICANT, CONTINUE HEARING OPEN TO OCTOBER 2004, TO ALLOW APPLICANT TO PARTICIPATE IN THE GENERAL PLAN UPDATE HEARINGS PRIOR TO ACTION ON THIS MATTER. (FROM 10-14- 03 [5.01] ) (3320) PUBLIC HEARING RECONVENED AT 11:34 A.M., AND CONTINUED OPEN TO OCTOBER 26, 2004, AT 10:30 A.M., TO ALLOW THE APPLICANT THE OPPORTUNITY TO PARTICIPATE IN THE GENERAL PLAN UPDATE PROCESS PRIOR TO THIS APPEAL BEING CONSIDERED. REGULAR AGENDA 0410-007 Behavioral Health Department - Report to the Board - update on achievements and challenges of the adult and youth programs - action requested - ACCEPT FOR INFORMATION. (3532) (**00) REPORT TO THE BOARD BY BRAD LUZ, DIRECTOR-BEHAVIORAL HEALTH. MINUTES PAGE 13 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-008 Comprehensive Economic Development Strategy - Projects List - consideration of the Comprehensive Economic Development Strategy Projects List for review, possible amendment, and approval. Once approved, the list becomes the County's list of projects eligible to apply for assistance under the Economic Development Administration's public works and economic assistance programs - action requested - REVIEW, AMEND AS NECESSARY AND/OR APPROVE PROJECTS LIST AND DIRECT STAFF TO FORWARD THE LIST TO THE TRI- COUNTY ECONOMIC DEVELOPMENT CORPORATION. (**1040) MOTION: I MOVE TO ADD TO THE LIST: WIDENING OF COHASSET AND EATON ROADS (PRIORITY A) ; FIX OF INTERSECTION AT EATON ROAD, HICKS LANE AND SILVERBELL ROAD (PRIORITY A); AND TO INCLUDE CALIFORNIA STATE UNIVERSITY, CHICO, IN BUSINESS EXPANSION, RECRUITMENT AND RETENTION EFFORTS. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimous Carried) 0410-009 Items Removed from the Consent Agenda for Board Consideration and Action. (**1369) 1. Resolution Approving Amendment to Butte County Improvement Standards - approval is requested for a resolution which will amend the Improvement Standards for developments within the unincorporated areas of the County. Proposed is an amendment to Standard 5-31 (Private Driveway Details) to broaden the acceptable pipe types, and revise the improvements required for permitted development versus requested encroachment improvement. Additionally, to allow for a more efficient reaction to changes in requirements, the resolution will also provide authority to the Director-Public works to approve minor changes to the Improvement Standards subject to acceptance by the Board - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. MOTION: I MOVE TO ADOPT RESOLUTION 04-098 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BOARD DIRECTION TO THE DIRECTOR-PUBLIC WORKS TO RETURN TO THE BOARD A REPORT ON ISSUES ASSOCIATED WITH FIELD ACCESS STANDARDS AND POSSIBLE SOLUTIONS. 2. Superior Janitorial - Amendment - approval is requested for an amendment to the agreement with Superior Janitorial for the provision of janitorial services at leased office space locations. The amendment terminates services at 5910 Clark Road, Suite G, Paradise, effective August 1, 2003, extends the term of the agreement for the remaining sites to June 30, 2005, reduces the maximum amount payable for fiscal year 2003-2004 by $803, and sets the maximum amount payable for fiscal year 2004-2005 at $15,048 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13045) MINUTES PAGE 14 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 0410-009 3. Select Janitorial Services - Amendment - approval is requested for an amendment to the agreement with Select Janitorial Services for the provision of janitorial services at leased office space locations. The amendment extends the term of the agreement through June 30, 2005, and increases the maximum amount payable by $28,934 (department budget) for the extended term. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11588) 4. Medo's Building Maintenance - Amendment - approval is requested for an amendment to the agreement with Medo's Building Maintenance for the provision of janitorial services at leased office locations. The amendment extends the term of the agreement through June 30, 2005, and increases the maximum amount payable by $4,380 (department budget) for the extended term. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13067) MOTION: I MOVE TO APPROVE THE AGREEMENTS (SUPERIOR JANITORIAL, SELECT JANITORIAL SERVICES AND MEDO'S BUILDING MAINTENANCE) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESSED AT 11:33 A.M., AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENED AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD. MINUTES PAGE 15 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD MINUTES - MAY 25, 2004 Called to order at 11:33 a.m., in the Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Board members present: Dolan, Houx, Josiassen, Yamaguchi and Chair Beeler. Also present: Marion Reeves, Deputy Clerk. Agenda Items 0403-001 1. RTZ Associates - Amendment - approval is requested for an amendment to the agreement with RTZ Associates for the provision of software maintenance and support for the HOMCare Program. The software is used to manage the in-home supportive services registry. The amendment extends the term of the agreement through June 30, 2005, and increases the maximum amount payable by $6,040.72 for the extended term. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13957) MOTION: I MOVE TO APPROVE THE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO REVIEW BY COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Public Comment 0403-002 Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board is prohibited from taking action on any item not listed on the agenda. (**1830) (NONE) Adjournment ADJOURNED AT 11:34 A.M., AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY BOARD AND RECONVENED AS THE BUTTE COUNTY BOARD OF SUPERVISORS. MINUTES PAGE 16 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS PUBLIC COMMENT 0410-010 Comments to the Board on issues and items not listed on the agenda. Presentations will be limited to five minutes. Please note that pursuant to California state law, the Board of Supervisors is prohibited from taking action on any item not listed on the agenda. (**1837) 1. MICHELLE DEESE REQUESTED THE BOARD CONSIDER PASSING A GENERATOR NOISE ORDINANCE. BOARD DIRECTION TO STAFF IN INQUIRE INTO THE STATUS OF THE COMPLAINTS ON THE SUBJECT PROPERTY. 2. MAT LAKOTA ADDRESSED THE BOARD TO SAY THAT THE AIR QUALITY MANAGEMENT DISTRICT COULD NOT HELP MS. DEESE WITH THE NOISE ISSUE. 3. PAUL MCINTOSH, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT AN ITEM WILL BE PREPARED TO REQUEST RATIFICATION OF A GRANT FOR $118,400 TO PURCHASE A PICTROMITY SYSTEM. THE SYSTEM ENABLES THE ADDITION OF INFORMATION TO GPS TYPE EQUIPMENT. THE DEADLINE FOR THE GRANT IS THIS FRIDAY. CLOSED SESSION 0410-O11 RECESS: THE BOARD RECESSED AT 11:53 A.M., TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. JONES/RAINWATER V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 126573); AND 2. JONES V. BROOKS (BUTTE COUNTY SUPERIOR COURT CASE NO. 84429). (**2629) RECONVENE: THE BOARD RECONVENED AT 12:35 P.M., FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. JONES/RAINWATER V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 126573); AND 2. JONES V. BROOKS (BUTTE COUNTY SUPERIOR COURT CASE NO. 84429). (NO ANNOUNCEMENT) MINUTES PAGE 17 MAY 25, 2004 BUTTE COUNTY BOARD OF SUPERVISORS MINUTES - MAY 25, 2004 ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 12:35 P.M., TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, JUNE 8, 2004. R.J. BEELER, CHAIR ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board By: MINUTES PAGE 18 MAY 25, 2004