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Home My WebLink AboutM062502.' .. .,r~,.,• ~c' _. o - ;~; efn: MINUTES=°- ` =~= ~* = ~~ :~' ~~,•` •. ~~ • June 25, 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 Dave Sweet, Calvary Chapel, Paradise. 02-192 Items removed from the Consent Aaenda for Board consideration or action. 1. Oaklawn Avenue Sewer Manhole Installation - County Project 54201-00-1 - Board approval is requested by the Public Works Department for a letter agreement with the City of Chico for the installation of a sanitary sewer manhole as part of the Oaklawn Avenue Sewer Lateral Installation Project. Under the terms of the agreement the City will reimburse the County for the actual cost of installation in an amount not to exceed $4,000 - action requested - APPROVE LETTER AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. THIS ITEM REMOVED FROM THE AGENDA WITHOUT BOARD CONSIDERATION OR ACTION. 2. Butte County Economic Development Corporation - Board approval is requested by the Treasurer-Tax Collector for an agreement with the Butte County Economic Development Corporation for services in support of the countywide tourism marketing program. Butte County Economic Development Corporation has been performing these duties for the County for the last two years, and sole source approval is requested to provide consistency of effort. The term of the agreement is July 1, 2002, through June 30, 2004, with a maximum amount payable of $86, 000 ($43, 000 per fiscal year) , contingent upon Board appropriation of Transient Occupancy Tax Funds for fiscal year 2002-2003 and 2003-2004 - action requested - APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 237 June 25, 2002 June 25, 2002 Consent Agenda 02-193 1. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-583 (BEHAVIORAL HEALTH); B-581 (BEHAVIORAL HEALTH); B-579 (ASSESSOR [4/5 vote required]); AND B-587 (FIRE DEPARTMENT). 2. Library Donations - pursuant to Government Code Section 25355, donations of $982.30 from the Paradise Friends of the Library and $894.60 from the Oroville Friends of the Library have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 3. Patrol Boat and Trailer Donation - pursuant to Government Code Section 25355, the State of California-Department of Boating and Waterways, Office of General Services is donating a 1986 Lawman aluminum boat valued at $3,500, and a 1986 EZLoader trailer valued at $1,000 to the Sheriff's Office for use by the Sheriff's Office Marine Unit - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION; AUTHORIZE THE SHERIFF'S OFFICE TO SIGN DOCUMENTS REQUIRED TO COMPLETE PROPERTY TRANSFER; AND AUTHORIZE THE COUNTY PURCHASING AGENT TO INITIATE DEPARTMENT OF MOTOR VEHICLES OWNERSHIP TRANSFER DOCUMENTS. 4. Biggs Memorial Hall Committee - action requested - REAPPPOINT ERNIST HOHMAN, UNITED STATES NAVY REPRESENTATIVE; NORRIS ANDERSON AND ANTONIO AIRESA, UNITED STATES AIR FORCE REPRESENTATIVES; FINNIS MCDONALD AND FRANK MATHAUSER, UNITED STATES ARMY REPRESENTATIVES; CLARENCE WILLIAMS, NATIONAL GUARD REPRESENTATIVE; AND LEE AIRESA, WOMEN'S CLUB REPRESENTATIVE, TO TERMS TO END JUNE 30, 2003. 5. Chico Memorial Hall Committee - action requested - REAPPOINT CHUCK WITTEN, ROY NORBY AND NORMAN COLE, VETERANS OF FOREIGN WARS REPRESENTATIVES; GLENN MCCORD AND V.H. "VARY" VARTABEDIAN, AMERICAN LEGION REPRESENTATIVES; JACK KOHLBUSH AND KEN MANTLE, D.A.V. REPRESENTATIVES; AND JAMES CARD, SEA CADETS REPRESENTATIVE, TO TERMS TO END JUNE 30, 2003. 6. Gridley Memorial Hall Committee - action requested - REAPPOINT TIM TOKUNO, SAM MCKEY AND DALE ERICKSON, VETERANS OF FOREIGN WARS REPRESENTATIVES; RAY L. ROBERT S, NORTH VALLEY SENIOR DANCE GROUP REPRESENTATIVE; AND GENE SALCA, AMERICAN LEGION POST 210 REPRESENTATIVE, TO TERMS TO END JUNE 30, 2003. 7. Paradise Memorial Hall Committee - action requested - APPOINT/REAPPOINT PAUL H. HARMON, DELEGATE, AND JOHN E. MCCOOL, ALTERNATE, AMERICAN LEGION POST 259 REPRESENTATIVES; AND WALT KOERNER, DELEGATE, AND BILL COENEN, ALTERNATE, CALIFORNIA VETERANS SQUARE DANCE ASSOCIATION REPRESENTATIVES, TO TERMS TO END JUNE 30, 2003. Page 238 June 25, 2002 June 25. 2002 02-193 8. Tri-County Economic Development District and Tri-County Small Business Development Advisory Committee - action requested - REAPPOINT MARY ANNE HOUR, GOVERNMENTAL REPRESENTATIVE, MIKE TRAVIS, GOVERNMENTAL ALTERNATIVE, AND DARCIA JOHNSON, NON- GOVERNMENTAL REPRESENTATIVE TO TERMS TO END JUNE 2004. 9. Award of Bid No. 36-021 - Public Works Shop Expansion - bids have been received for the expansion of the Public Works Shop with the low bidder meeting specifications being Azevedo Construction of Forest Ranch in the amount of $216,430 - action requested - AWARD BID TO AZEVEDO CONSTRUCTION; AND APPROVE CONSTRUCTION AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 10. Conveyance of County Property - Board approval is requested to convey five surplus computers from the District Attorney' s Office to the Butte Interagency Narcotics Task Force. The conveyance has been published pursuant to Government Code Section 25365 and 6061 - action requested - APPROVE CONVEYANCE OF COUNTY PROPERTY. 11. Sheriff's Office - Equipment Purchase - Board approval is requested by the Sheriff's Office for the fixed asset purchase of a 2001 Yamaha Wave Runner 800 in the amount of $6,500, including taxes and Department of Motor Vehicles fees. The equipment will be utilized by the Marine Unit to patrol the lake, river and afterbay. The Department of Boating and Waterways has approved the use of grant funds from the transportation and travel line item for the purchase and Board approval is requested for a budget transfer of $11,000 to cover the cost of the wave runner and various office equipment in the estimated amount of $4,500 - action requested - APPROVE BUDGET TRANSFER B-588; AND APPROVE FIXED ASSET PURCHASE OF WAVE RUNNER. 12. Sheriff's Office - Equipment Exchange - Board approval is requested by the Sheriff's Office to declare surplus the County-owned Bell 206BIII helicopter, and to trade the surplus helicopter with the California Department of Justice Aviation Operations for three Hughes OH-6A helicopters. The County's current helicopter is in disrepair and inoperable. The helicopters from the Department of Justice are airworthy and ready for service. The department is proposing to retain one OH-6A helicopter for department use, utilize one OH-6A helicopter for spare parts, and sell or barter the third OH- 6A helicopter for funds or parts to repair the Bell 206BIII - action requested - AUTHORIZE THE DEPARTMENT TO CONTINUE TRADE NEGOTIATIONS WITH THE DEPARTMENT OF JUSTICE; AUTHORIZE THE COUNTY PURCHASING AGENT TO SELL ONE OF THE OH6A HELICOPTERS PURSUANT TO COUNTY POLICY TO SUPPORT THE REQUIRED MAINTENANCE OF THE BELL HELICOPTER PRIOR TO SURPLUS AND TRADE; APPROVE THE DEPOSIT OF FUNDS FROM THE SALE INTO THE SHERIFF'S OFFICE SPECIAL ENFORCEMENT UNIT BUDGET FOR THE SOLE PURPOSE OF MAINTENANCE EXPENSES FOR THE HELICOPTER, WITH THE BALANCE TO BE PLACED IN THE SHERIFF'S HELICOPTER TRUST FUND; AND AUTHORIZE INFINITY AVIATION, INC., TO COMPLETE THE REQUIRED MAINTENANCE OF THE BELL 206BIII HELICOPTER PRIOR TO TRADE. Page 239 June 25, 2002 June 25. 2002 02-193 13. Probation Equipment - Vehicle Purchase - Board approval is requested by the Probation Department for the fixed asset purchase of a caged vehicle in an amount not to exceed $25,000, in support of the Family Bridges Program. Grant funds for the current fiscal year will provide funding for the purchase and Board approval is also requested for a budget transfer of those funds. An amendment to the program's Memorandum of Understanding has been prepared by the Behavioral Health Department to address the budget line item adjustment - action requested - APPROVE BUDGET TRANSFER B-586; AND APPROVE FIXED ASSET PURCHASE OF CAGED VEHICLE IN AN AMOUNT NOT TO EXCEED $25,000. 14. Resolution of Intention to Sell Real Property - Board approval is requested by the General Services Director, pursuant to Government Code Section 25520 et seq., for a resolution of intention to sell the property located at 5291 Pentz Road in Paradise. This property is the sole remaining property from the dissolution of the Lime Saddle Community Services District. The resolution declares the Board's intent to sell the property through public bid (for cash) with a minimum price of $45,000. Bids are due at 10:30 a.m. on Tuesday, July 23, 2002 - action requested - ADOPT RESOLUTION 02-106 OF INTENTION TO SELL REAL PROPERTY BY BID ON JULY 23, 2002. 15. County Service Areas - Budget Transfers and Loans - Board approval is requested by the Public Works Department for loans from the County Service Area (CSA) Revolving Loan Fund and/or transfers from the Designated Fund Balance to cover the cost of ballot proceedings held for the CSAs in April 2002, and for drainage repair costs to CSA No. 102 - action requested - APPROVE BUDGET TRANSFER B-589 (4/5 vote required) AS DETAILED IN THE AGENDA REPORT; AND ADOPT RESOLUTION 02-107 APPROVING LOANS TO COUNTY SERVICE AREAS 60, 62, 66, 68, 75, 102 AND 103 AND AUTHORIZE THE CHAIR TO SIGN. 16. State Criminal Alien Assistance Program (SCARP) Revenue - Board approval is requested by the Sheriff's Office to accept and allocate $113,269 in SCARP funding received for housing illegal immigrants in the Butte County Jail. The County will receive $113,269, less a collection fee of $34,703.46 payable to Justice Benefits Incorporated for oversight of the collection program - action requested - APPROVE BUDGET TRANSFER B-578 (4/5 vote required) ACCEPTING AND ALLOCATING UNANTICIPATED REVENUE AS DETAILED IN THE AGENDA REPORT; AND AUTHORIZE PAYMENT TO JUSTICE BENEFITS INCORPORATED. Page 240 June 25, 2002 June 25. 2002 02-193 17. Special Revenue Fund - Internal Services Fund Equipment Purchase - Board approval is requested by the Auditor- Controller to establish a new Special Revenue Fund to be used for providing financing for the purchase of capital assets in the Internal Services Funds (ISFs), and for the transfer of excess contributed capital from ISFs. The proposal has been reviewed and approved by the County's auditing firm of Bartig, Basler and Ray. The action will result in a savings of $501,536 of general purpose revenue for fiscal year 2002- 2003 - action requested - APPROVE ESTABLISHMENT OF THE SPECIAL REVENUE FUND AND THE TRANSFER FROM THE ISF FUNDS CONTRIBUTED CAPITAL ACCOUNTS OF THE BALANCES ATTRIBUTABLE TO THE ACCUMULATED ADJUSTED DEPRECIATION CHARGES TO THE SPECIAL REVENUE FUND IN THE TOTAL AGGREGATE AMOUNT OF $1,230,229.99. 18. Butte County Children and Families Commission - Fiscal Year 2002-2003 Budget - the Butte County Children and Families Commission submits its fiscal year 2002-2003 budget for Board information - action requested - ACCEPT FOR INFORMATION. 19. Introduction of a Salary Ordinance Amendment - the Department of Human Resources has prepared a salary ordinance amendment which incorporates the salary recommendations for Elected Officials effective July 6, 2002. The salary ordinance is not being amended by resolution as a result of the effective date requirements contained in Government Code Section 25123(f) - action requested - WAIVE READING OF THE ORDINANCE. 20. Resolution to Amend the Salary Ordinance - the Department of Human Resources has prepared a resolution which amends the salary ordinance to reflect salary changes resulting from negotiations with the Professional Employees' Unit - action requested - ADOPT RESOLUTION 02-109 AND AUTHORIZE THE CHAIR TO SIGN. 21. Resolution to Amend the Salary Ordinance - the Department of Human Resources has prepared a resolution which amends the salary ordinance to reflect recommended salary changes resulting from the Pay for Performance Program for Appointed Department Heads. The resolution also incorporates salary changes for the County Health Officer, Assistant Department Heads, and the Undersheriff effective July 6, 2002 - action requested - ADOPT RESOLUTION 02-108 AND AUTHORIZE THE CHAIR TO SIGN. Page 241 June 25, 2002 June 25. 2002 02-193 22. Resolution to Amend the Salary Ordinance - the Department of Human Resources has prepared a resolution which amends the salary ordinance to reflect changes included in the Butte County Fiscal Year 2002-2003 Proposed Budget as follows: DISTRICT ATTORNEY-CRIMINAL - extends the sunset date for one, and one-half time flexibly staffed positions of District Attorney Investigator II/I, and one flexibly staffed position of Legal Typist Clerk/Office Assistant III to June 30, 2003. Extends the term date for one term position of Investigative Assistant and one term position of Mental Health Counselor to June 30, 2003. Adds one position of Assistant District Attorney as a result of a settlement agreement. SHERIFF- CORONER-SERVICES - converts two flexibly staffed term positions of Public Safety Dispatcher/Public Safety Dispatcher Trainee and one term flexibly staffed position Sheriff's Clerk II/I to regular help positions with sunset dates of June 30, 2003. Extends the term date of one term position of Deputy Sheriff to June 30, 2003. Deletes six flexibly staffed positions of Sheriff's Clerk II/I and adds six flexibly staffed positions of Sheriff's Clerk III/II/I. SHERIFF-CORONER-OPERATIONS - deletes two flexibly staffed positions of Sheriff's Clerk II/I and adds two flexibly staffed positions of Sheriff's Clerk III/II/I. SHERIFF- CORONER-CORRECTIONS - deletes three flexibly staffed positions of Sheriff's Clerk II/I and adds three flexibly staffed positions of Sheriff's Clerk III/II/I. SHERIFF- CORONER-SPECIAL ENFORCEMENT UNIT - extends the sunset date of one position of Deputy Sheriff to June 30, 2003. PROBATION - deletes one flexibly staffed term position of Probation Officer III/II/I. Converts one three-quarter time flexibly staffed term position of Office Assistant III/II/I to a regular help position with a sunset date of June 30, 2003. Extends the sunset date of one position of Supervising Probation Officer, three flexibly staffed positions of Probation Office III/II/I, two positions of Probation Technician, one flexibly staffed position of Auditor- Accountant II/I, and one flexibly staffed position of Office Assistant III/II/I to June 30, 2003. DEVELOPMENT SERVICES - adds one flexibly staffed position of Office Assistant III/II/I. WATER AND RESOURCE CONSERVATION - adds one flexibly staffed position of Senior Planner/Associate Planner and one half-time flexibly staffed position of Office Assistant III/II/I with sunset dates of June 30, 2004. AGRICULTURE - deletes one flexibly staffed term position of Weights and Measures Inspector/Agricultural Biologist III/II/I and two flexibly staffed positions of Office Assistant II/I. Adds one-half time flexibly staffed term position of Weights and Measures Inspector/Agricultural Biologist III/II/I with a term date of June 30, 2003, and two flexibly staffed positions of Office Assistant III/II/I. PUBLIC WORKS-TRANSPORTATION SYSTEMS - deletes one position of Transportation Systems Specialist. PUBLIC HEALTH-GENERAL SERVICES - adds one position of Supervisor-Clerical Support Services, and one position of Occupational/Physical Therapist Assistant. Page 242 June 25, 2002 June 25. 2002 02-193 22. Adds two flexibly staffed sunset positions of Public Health (Cont.) Nurse III/II/I, and one flexibly staffed position of Public Health Assistant II/I, each with sunset dates of June 30, 2003. BEHAVIORAL HEALTH-GENERAL SERVICES - converts four term flexibly staffed positions of Mental Health Clinician II/I, four term flexibly staffed positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health Worker, and one term flexibly staffed position of Medical Records Technician II/I to regular help positions with sunset dates of June 30, 2003. Deletes one sunset position of Supervisor-Mental Health Clinician with a sunset date of June 30, 2004, and one flexibly staffed position of Administrative Analyst III/II/I. Adds one flexibly staffed position of Health Education Specialist II/I, one position of Program Manager-Community Services, one position of Clinical Program Manager, one flexibly staffed position of Medical Records Technician II/I, three flexibly staffed positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health Worker, one flexibly staffed position of Staff Nurse III/II/I, one flexibly staffed position of Office Assistant II/I, and one sunset position of Supervisor-Mental Health Counselor with a sunset date of June 30, 2004. BEHAVIORAL HEALTH-SUBSTANCE ABUSE SERVICES - deletes one flexibly staffed position of Health Education Specialist II/I. BEHAVIORAL HEALTH-DRUG TREATMENT - adds one flexibly staffed position of Administrative Analyst III/II/I. LIBRARY-LITERACY GRANT - extends the sunset dates of one three-quarter time position of Library Assistant III, and one full time position of Library Assistant II to June 30, 2003. LIBRARY - deletes one position of Library Assistant I with a sunset date of June 30, 2002, and extends the sunset date for three positions of Library Assistant I to September 30, 2002 - action requested - ADOPT RESOLUTION 02- 110 AND AUTHORIZE THE CHAIR TO SIGN. 23. Resolution Authorizing Submission of the Butte Regional Tire Recycling Grant Program Application - Board approval is requested by the Public Works Department for a resolution authorizing the Public Works Department to act as the lead agency on behalf of the County, the cities of Biggs, Oroville, Gridley, Chico, and the Town of Paradise, for the purpose of applying for the 2002-2003 Local Government Public Education and Amnesty Day Grant for waste tires - action requested - ADOPT RESOLUTION 02-111 AND AUTHORIZE THE CHAIR TO SIGN. 24. Resolution Governing the Appointment of Directors to the Butte County Resource Conservation District - County Counsel has prepared a resolution which clarifies terms and conditions of appointments of Directors to the newly formed Butte County Resource Conservation District - action requested - ADOPT RESOLUTION 02-112 AND AUTHORIZE THE CHAIR TO SIGN. Page 243 June 25, 2002 June 25. 2002 02-193 25. Resolution Authorizing the Department of Water and Resource Conservation to Work in Conjunction with the Northern and Coastal California Water Bond Coalition - Board approval is requested by the Department of Water and Resource Conservation for a resolution which would authorize the department to work in conjunction with the Northern and Coastal California Water Bond Coalition to create implementation language for future water bonds to provide funding for Northern California - action requested - ADOPT RESOLUTION 02-113 AND AUTHORIZE THE CHAIR TO SIGN; AND AUTHORIZE THE DEPARTMENT OF WATER AND RESOURCE CONSERVATION TO PARTICIPATE IN THE DEVELOPMENT OF IMPLEMENTATION LANGUAGE FOR WATER BONDS TO BE CONSIDERED BY VOTERS IN NOVEMBER 2002. 26. Resolution Recognizing June 24-28, 2002, as Employment Services Week in Butte County - action requested - ADOPT RESOLUTION 02-114 AND AUTHORIZE THE CHAIR TO SIGN. 27. Resolution in Appreciation of Officer Rodney Lundberg Upon His Retirement from the California Highway Patrol - action requested - ADOPT RESOLUTION 02-115 AND AUTHORIZE THE CHAIR TO SIGN. 28. Underground Utility District No. 14-East Avenue - Proposed Amendment - Board approval is requested by the Public Works Department for a resolution amending Resolution 00-56 which established Underground Utility District No. 14-East Avenue (Cohasset Road to Manzanita Avenue) to include language which authorizes the use of County Rule 20 Underground Conversion Allocation Credits for the conversion of electric service panels within Underground Utility District No. 14 Area A - East Avenue (Marigold Avenue to Manzanita Avenue) - action requested - ADOPT RESOLUTION 02-116 AND AUTHORIZE THE CHAIR TO SIGN. 29. Roadway Rehabilitation on 12th Street from Grand Avenue to Nelson Avenue, Thermalito - County Project No. 26451-99-1 - the project consists of 0.93 miles of roadway rehabilitation from Grand Avenue to Nelson Avenue in Thermalito. Construction costs for the project are 1000 reimbursable from State Transportation Improvement Program funds, and are included in the fiscal year 2001-2002 department budget. Bids were opened on June 17, 2002, with the lowest responsible bidder being Jaeger Construction Incorporated of Yuba City in the amount of $590,000 - action requested - AWARD BID TO JAEGAR CONSTRUCTION INCORPORATED AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 244 June 25, 2002 June 25. 2002 02-193 30. Oaklawn Avenue Reconstruction - Planning and Design Funds - Board approval is requested by the Public Works Department and the Administrative Office to accept and appropriate $35, 000 of County Service Area No. 114 (Chico Urban Area Nitrate Compliance Plan) funds to reimburse the Public Works Department for preliminary environmental and engineering planning for the installation of public sewer laterals as part of the road reconstruction project on Oaklawn Avenue in support of the Chico Urban Area Nitrate Compliance Plan - action requested - APPROVE BUDGET TRANSFER B-584 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 31. Oaklawn Avenue Reconstruction - Construction and Installation Funds - Board approval is requested by the Public Works Department and the Administrative Office to accept and appropriate $65,000 in program income from the Tri-County Economic Development Corporation to fund construction and installation of public sewer laterals as part of the road reconstruction project on Oaklawn Avenue in support of the Chico Urban Area Nitrate Compliance Plan - action requested - APPROVE BUDGET TRANSFER B-585 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 32. John M. Wardell - Employment Agreement - Chief Probation Officer - County Counsel has prepared an employment agreement for the appointment and employment of John M. Wardell as Chief Probation Officer pursuant to the recommendation of the Juvenile Court Judge for the County of Butte. The term of the agreement is July 15, 2002, through July 14, 2005, and provides a compensation rate of $88,374 per year, a $520 per month vehicle allowance, and a $70 per month cellular phone allowance - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. 33. Yvonne Christopher - Employment Agreement - Director- Development Services - Board approval is requested by the Administrative Office for an employment agreement with Yvonne Christopher to serve as the Director-Development Services. The term of the agreement is July 22, 2002, through July 21, 2005, and provides a compensation rate of $90,155.70 per year, a $520 per month vehicle allowance, and a $70 per month cellular phone allowance - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 34. Megabyte Systems Inc. - Board approval is requested by the Assessor for an agreement with Megabyte Systems Inc., for the provision of maintenance of the property tax system software. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $93,514.32. The software is utilized by the Assessor, Tax Collector, and the Auditor-Controller, and the cost is divided between those departments - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13526) Page 245 June 25, 2002 June 25. 2002 02-193 35. Department of Employment and Social Services/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 Memorandum of Understanding with the Department of Employment and Social Services for assignment of a Social Worker position to the Inter-Agency Services Placement Unit in response to Senate Bill 933. The amendment extends the term of the agreement through June 30, 2003, and increases the maximum amount payable by $85,342 (department budget) for fiscal year 2002-2003. 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. X13410) 36. North Valley Community Foundation - Board approval is requested by the Butte County Department of Behavioral Health for a grant agreement with North Valley Community Foundation for funds to support Butte County Youth Nexus. The term of the grant agreement is March 1, 2002, through December 30, 2002, with a maximum amount payable to the County of $13,000. Board approval is also requested for a budget transfer to accept and appropriate the unanticipated grant revenue - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND APPROVE BUDGET TRANSFER B-582 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE. 37. T. W. DuFour and Associates - Lease Agreement - 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 location 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 $259,728.12 (department budget) for the multi-year term - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 38. Gary Bess Associates - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Gary Bess Associates for the management and facilitation of the evaluation reports of the Forensic Resource Team (FOREST) program as required by the Mentally Ill Offender Crime Reduction Grant. The amendment reduces the maximum amount payable by $4,930 and reduces the required consulting hours to 413. 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. X13349) Page 246 June 25, 2002 June 25. 2002 02-193 39. Chuck Duran - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Chuck Duran for the provision of self-defense instruction to Behavioral Health group participants. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $31,200 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 40. Butte County District Attorney/Butte County Department of Behavioral Health - Memorandum of Understanding - Board approval is requested by the Butte County Department of Behavioral Health for a Memorandum of Understanding with the Butte County District Attorney for the provision of a District Attorney to perform tasks directly associated with court appearances associated with the Substance Abuse and Crime Prevention Act program. The term of the agreement is July 1, 2001, through June 30, 2003, with a maximum amount payable of $27,771 ($9,257 for fiscal year 2001-2002 and $18,514 for fiscal year 2002-2003 [department budget]) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13549) 41. Skyway House - Amendment B - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the Skyway House for the provision of non-residential rehabilitative ambulatory intensive outpatient services and long-term residential recovery services to clients referred under the Substance Abuse and Crime Prevention Act. The amendment reduces the maximum amount payable by $7,883.64. 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. X13423) 42. Skyway House - Amendment C - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the Skyway House for the provision of long-term residential drug and alcohol treatment services. The amendment increases the daily rate from $50.00 to $61.00 for all residential treatment services, but does not increase the agreement's maximum amount payable. 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. X13347) Page 247 June 25, 2002 June 25. 2002 02-193 43. Housing Authority of the County of Butte - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with the Housing Authority of the County of Butte for the provision of assistance payments and/or deposits to landlords of clients participating in the Homeless Mentally Ill Program known as the Adult System of Care. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $110,150. Funding for the agreement is provided by a grant from the California Department of Mental Health - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13558) 44. Superior Court of California-County of Butte/Butte County Department of Behavioral Health - Memorandum of Understanding - Board approval is requested by the Butte County Department of Behavioral Health for a Memorandum of Understanding with the Superior Court of California-County of Butte for the provision of services in support of the Substance Abuse and Crime Prevention Act program. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $43,269 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13518) 45. Superior Court of California-County of Butte/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 Memorandum of Understanding with the Superior Court of California-County of Butte for funds to support a Drug Court Manager position. The amendment extends the term of the agreement through June 30, 2003, and increases the maximum amount payable by $55,000. Funding for the agreement is provided by Drug Court Partnership Grant funds - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11418) 46. Gene Desautels/Urgent Medical Clinic - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Gene Desautels, Medical Director of Urgent Medical Clinic, for the provision of health history and physical examinations of clients in the Psychiatric Health Facility. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $91,800 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13545) Page 248 June 25, 2002 June 25. 2002 02-193 47. 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 residential alcohol and drug treatment services for female clients referred by the CalWORKs program. The amendment reduces the maximum amount payable by $23,400. 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. X13331) 48. North Valley Parent Education Network - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with North Valley Parent Education Network for the provision of case management, therapy, rehabilitation and crisis intervention services to children receiving full scope Medi-Cal benefits. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $361,833 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 49. 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 residential drug and alcohol treatment services. The amendment increases the maximum amount payable by $9,977 (department budget) and provides for the addition of nursery services - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13454) 50. Butte County Probation/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 Memorandum of Understanding with the Butte County Probation Department for the Family Bridges Program. The amendment adjusts the line item expenses in the program budget to provide for the purchase of a vehicle for the 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. X13136) Page 249 June 25, 2002 June 25. 2002 02-193 51. Butte County Public Defender Consortium/Butte County Department of Behavioral Health - Memorandum of Understanding - Board approval is requested by the Butte County Department of Behavioral Health for a Memorandum of Understanding with the Butte County Public Defender Consortium for the provision of services in support of the Substance Abuse and Crime Prevention Act program. The term of agreement is July 1, 2001, through June 30, 2003, with a maximum amount payable of $47,750 ($15,250 for fiscal year 2001-2002 and $30,500 for fiscal year 2002-2003 [department budget]) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13551) 52. Speedware Ltee./LTD (Speedware) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Speedware Ltee./LTD (Speedware) for the provision of technical support of the substance abuse and mental health software utilized by the department. The amendment provides for language clarifications to the Support and Maintenance Fee Schedule and Default and Termination clauses. 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. X13038) 53. 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 referred clients in support of the Supportive Housing Initiative Act grant program. The amendment adds language regarding equipment purchases and ownership, and revises the budget line items to allow for additional maintenance supplies. 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. X13324) 54. Willow Glen Care Center - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Willow Glen Care Center for the provision of full-day rehabilitation services for referred adults. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $117,850 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13559) Page 250 June 25, 2002 June 25. 2002 02-193 55. Kenneth Holden, Ph.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Kenneth Holden, Ph.D. for the provision of medical services in the specialized field of psychology. The amendment extends the term of the agreement through June 30, 2003, and increases the maximum amount payable by $84,500 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X12036) 56. Butte County Probation/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 Memorandum of Understanding with the Butte County Probation Department for the provision of drug testing services in support of the Drug Court Partnership Grant programs. The amendment extends the term of the agreement through June 30, 2003, and increase the maximum amount payable by $20,154. Funding for the agreement is provided by Drug Court Partnership Grant funds - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10941) 57. Butte County Probation/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 Memorandum of Understanding with the Butte County Probation Department for funds to support the assignment of three part-time Probation Officers to the Inter-Agency Services Placement Unit. The amendment extends the term of the agreement through June 30, 2003, and increases the maximum amount payable by $57,785 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13369) 58. 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 various substance abuse programs. The amendment provides clarifying language with regards to funding sources for the various 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) Page 251 June 25, 2002 June 25. 2002 02-193 59. Butte County Department of Employment and Social Services/Butte County Department of Behavioral Health - Memorandum of Understanding - Board approval is requested by the Butte County Department of Behavioral Health for a Memorandum of Understanding with the Department of Employment and Social Services for the provision of the Options For Recovery program. The term of the agreement is July 1, 2002, through June 30, 2004, with a maximum amount payable of $40,000 ($20,000 for fiscal year 2002-2003 and $20,000 for fiscal year 2003-2004 [department budget]) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13557) 60. James Glover, M.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with James Glover, M.D. for the provision of medical services in the specialized field of psychiatry. The amendment increases the maximum amount payable for fiscal year 2001-2002 by $6,800 (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. X11303) 61. 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 residential drug and alcohol treatment services. The amendment increases the maximum amount payable by $7,883.64 (department budget) to provide services to Forensic Resource Team (FOREST) 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. X13386) 62. Oroville Hospital - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Oroville Hospital for emergency room and ambulance services for clients, if needed, prior to admission to the Psychiatric Health Facility. The amendment increases the maximum amount payable by $5,000 (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. 63. A.D.I. Investigative Services - Board approval is requested by the Department of Child Support Services for an agreement with A.D.I. Investigative Services for the provision of process serving for child support cases. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $60,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 252 June 25, 2002 June 25. 2002 02-193 64. Long Beach Genetics - Board approval is requested by the Department of Child Support Services for an agreement with Long Beach Genetics for the provision of paternity testing for child support cases. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $30,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 65. Print N Mail, Inc. - Board approval is requested by the Department of Child Support Services for an agreement with Print N Mail, Inc., for the production, folding, stuffing and mailing of notices, statements, billings, and surveys for child support cases. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $90,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 66. Enloe Hospital, Oroville Hospital, Feather River Hospital - Memoranda of Understanding - Board approval is requested by the Department of Child Support Services for Memoranda of Understanding with Enloe, Oroville and Feather River Hospitals for the provision of services in support of the California Paternity Opportunity Program. The term of the agreement is November 1, 2001, and continues until terminated by either party. Under the terms of the agreement the department will reimburse the hospitals $10 for each CS 909 form processed. The department has budgeted $5,000 annually for the anticipated reimbursement costs - action requested - APPROVE AGREEMENTS (3) AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 67. Private Industry Council - Sublease Amendment - Board approval is requested by the Department of Child Support Services for an amendment to the sublease agreement with the Private Industry Council for space in the Table Mountain Boulevard facility. The amendment increases the maximum amount payable by $9,500 (department budget) for Change Orders covering the installation of additional cable, wiring, data and voice equipment, power and lighting equipment, electrical circuits, cabinets and counter tops. 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. 68. Neil McCabe - Amendment - Board approval is requested by County Counsel for an amendment to the agreement with Neil McCabe for the provision of legal services. The amendment extends the term of the agreement through June 25, 2003. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. Page 253 June 25, 2002 June 25. 2002 02-193 69. Butte-Glenn Community College District - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the agreement with Butte- Glenn Community College District for the provision of the Independent Living Skills Program. The amendment increases the maximum amount payable by $5,168 as a result of an additional allocation of federal funds for the program. Board approval is also requested for a budget transfer accepting and allocating the unanticipated revenue - action requested - APPROVE BUDGET TRANSFER B-580 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (Contract No. X12058) 70. Private Industry Council - Sublease Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the sublease agreement with the Private Industry Council for the property located at 202 Mira Loma Drive, Oroville. The amendment adds the street number to the agreement, amends the effective date from April 1, 2002, to May 15, 2002, increases the maximum amount payable for change orders by $35,000 (department budget) for security doors and a security system, and adds payment of monthly security system charges to the "Utilities, Services and Maintenance" charges - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13126) 71. Butte County Department of Public Health/Butte County Department of Employment and Social Services - Memorandum of Understanding - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the Memorandum of Understanding with the Public Health Department for the provision of drug and alcohol testing services to clients who have testing as a component of their service plan. The amendment increases the maximum amount payable by $38,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11323) 72. Community Action Agency - Board approval is requested by the Department of Employment and Social Services for a lease agreement with the Community Action Agency for the property located at 2640 South Fifth Avenue, Suites 4 and 5, Oroville. The facility is utilized for mail, supplies and storage. The term of the agreement is June 1, 2002, through June 30, 2003, with a maximum amount payable of $19,500 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 254 June 25, 2002 June 25. 2002 02-193 73. California Department of Forestry and Fire Protection - Board approval is requested by the Fire Department for a Schedule A agreement with the California Department of Forestry and Fire Protection for the Powerline Inspection Program. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $23,032 (department budget) - action requested - ADOPT RESOLUTION 02-117 APPROVING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10936) 74. Rapidtext, Inc. - Amendment - Board approval is requested by the Probation Department for an amendment to the agreement with Rapidtext, Inc., for the provision of transcription services. The amendment will extend the term of the agreement for six months to provide the department with the time necessary to complete a bidding process for this service. All other terms and provisions remain the same - action requested - APPROVE AMENDMENT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 75. California Department of Health Services - Board approval is requested by the Public Health Department for a revenue agreement with the California Department of Health Services for funds for prevention, education and case management services for the purpose of reducing lead poisoning in Butte County. The term of the agreement is July 1, 2002, through June 30, 2005, with a maximum amount payable to the County for the multi-year term of $271,361 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 76. California Department of Health Services - Board approval is requested by the Public Health Department for a revenue agreement with the California Department of Health Services for funds for the creation of a work plan to address emergency responses to local bioterrorism activities and a Bioterrorism Preparedness Plan. The term of the agreement is February 15, 2002, through August 31, 2003, with a maximum amount payable to the County of $82,615 - action requested - APPROVE AGREEMENT 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 ADDITIONAL GRANT DOCUMENTS AS REQUIRED. Page 255 June 25, 2002 June 25. 2002 02-193 77. American Lung Association and Butte County Office of Education - Board approval is requested by the Public Health Department for agreements with the American Lung Association and the Butte County Office of Education for tobacco education and smoking cessation activities. Both the organizations have submitted letters of appreciation for the Board's support in the past and request continuation of the programs. Proposed is an agreement with the American Lung Association for the term of July 1, 2002, through June 30, 2003, with a maximum a amount payable of $79,000 for tobacco cessation information and clinics. Also proposed is an agreement with the Butte County Office of Education for the term of July 1, 2002, through June 30, 2003, with a maximum amount payable of $61,000 for tobacco education lessons to students in grades 3 through 8. Appropriations for both agreements are included in the department's proposed budget for fiscal year 2002-2003 - action requested - ACCEPT LETTERS OF APPRECIATION; AND APPROVE AGREEMENTS WITH THE AMERICAN LUNG ASSOCIATION AND THE BUTTE COUNTY OFFICE OF EDUCATION AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 78. Cathleen Gentry - Board approval is requested by the Public Health Department, on behalf of the Medi-Cal Administrative Activities and Targeted Case Management Consortium of Counties for an agreement with Cathleen Gentry for consulting services for the consortium. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $115,200. As Host Entity for the consortium, the Public Health Department will collect participation fees from other counties to cover the cost of the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 79. Butte County Association of Governments/City of Oroville - Board approval is requested by the Public Works Department for an agreement with the Butte County Association of Governments and the City of Oroville for the administration of Butte County Transit, Oroville Area Transit System and Oroville Express by the Butte County Association of Governments. The term of the agreement is July 1, 2001, through June 30, 2006. The Butte County Association of Governments will be compensated for the administrative duties by Federal Planning Funds designated for such tasks - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. Page 256 June 25, 2002 June 25. 2002 02-193 80. ATC/Vancom, Inc. - Amendment - Board approval is requested by the Public Works Department for an amendment to the agreement with ATC/Vancom, Inc., for the management and operation of Butte County Transit. The amendment increases the vehicle service hour rate to $43.36 per service hour, provides an additional $5,000 to cover the cost of physical damage insurance for County-owned vehicles, and provides clarifying language with regards to repair of physical damage to County-owned vehicles. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10940) 81. ATC/Vancom, Inc. - Amendment - Board approval is requested by the Public Works Department for an amendment to the agreement with ATC/Vancom, Inc., for the management and operation of Oroville Area Transit. The amendment increases the vehicle service hour rate to $38.09 per service hour, provides an additional $1,241 to cover the cost of physical damage insurance for County-owned vehicles, and provides clarifying language with regards to repair of physical damage to County-owned vehicles. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10939) 82. ATC/Vancom, Inc. - Amendment - Board approval is requested by the Public Works Department for an amendment to the agreement with ATC/Vancom, Inc., for transportation service in the Oroville Urban Area for the Mobility Impaired (Oroville Express). The amendment increases the vehicle service hour rate to $30.78 per service hour, provides an additional $3,932 to cover the cost of physical damage insurance for County-owned vehicles, and provides clarifying language with regards to repair of physical damage to County- owned vehicles. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10938) 83. City of Chico - Cooperative Funding Agreement - Chico Area Transit System and Chico Clipper - Board approval is requested by the Public Works Department for a cooperative funding agreement with the City of Chico for the Chico Area Transit System and the Chico Clipper. The term of the agreement is for five years commencing July 1, 2001, and provides for the County to fund 18.660 of the net operating and capital costs for the Chico Area Transit System, and 31.670 of the net operating and capital costs for the Chico Clipper - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13517) Page 257 June 25, 2002 June 25. 2002 02-193 84. City of Oroville - Lease Agreement - Board approval is requested by the Sheriff's Office for a lease agreement with the City of Oroville for aircraft hangar space. The facility will house the County's Cessna 182 aircraft, spare parts and all marine equipment. The term of the agreement is July 1, 2002, through June 30, 2007, with a lease rate of $550 per month (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 85. Superior Court of California-County of Butte - Board approval is requested by the Sheriff's Office for an agreement with the Superior Court of California-County of Butte for the provision of sixteen Deputy Sheriffs to perform security duties in the courthouse during office hours. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable to the County of $980,127 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 86. United States Department of Justice - COPS in Schools Grant Modification - Board approval is requested by the Sheriff's Office to approve a grant modification agreement with the United States Department of Justice for the COPS in Schools program. The original grant provided for 2.5 Deputy Sheriff positions, but the department has been unable to fill the half-time position and is modifying the grant to reduce the number of positions to 2. The modification reduces the grant award by $58,772 - action requested - APPROVE GRANT AWARD MODIFICATION AND AUTHORIZE THE CHAIR TO SIGN. 87. Harmony Research - Board approval is requested by the Treasurer-Tax Collector for an agreement with Harmony Research for the provision of title searches and preparation of Parties of Interest reports for the properties included in the Tax Collector's public auction list for the current fiscal year. The term of the agreement is for services during the months of March and April 2002, with a maximum amount payable of $31,350 (department budget). Board approval is also requested to ratify the Sole Source Justification for the agreement. Harmony Research specializes in this area and has been utilized by the Tax Collector for these duties in the past - action requested - RATIFY SOLE SOURCE JUSTIFICATION; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 88. Immeda (Division of Columbia Ultimate) - Amendment - Board approval is requested by the Treasurer-Tax Collector for an amendment to the agreement with Immedia (Division of Columbia Ultimate) for the provision of collection letters mailings. The amendment decreases the maximum amount payable to $25,000 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 258 June 25, 2002 June 25. 2002 02-193 89. State of California-Department of Water Resources - Board approval is requested by the Department of Water and Resource Conservation for agreements with the State of California- Department of Water Resources for grant funding for the Butte Creek Floodplain Management Plan and the Cherokee Creek Capacity Building and Citizen Water Monitoring Project. Under the terms of the grants the County will act as fiduciary agent and contract with the State for the grant funds. The term for both agreements is June 15, 2001, through June 30, 2005, with a maximum amount payable to the County for the Butte Creek Floodplain Management Plan grant of $582,510, and a maximum amount payable to the County for the Cherokee Creek Capacity Building and Citizen Water Monitoring Project grant of $93,815 - action requested - APPROVE AGREEMENTS (2) AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF WATER AND RESOURCE CONSERVATION TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. 90. Review of Vacant Positions Requests - pursuant to Board direction of June 11, 2002, the Chief Administrative Officer submits a memorandum to all departments directing that departments submit all requests for the filling of vacant positions through the Administrative Office. This policy is being instituted in response to the uncertainty of budget matters at the State level and the impacts they may have on Butte County - action requested - APPROVE THE POLICY MEMORANDUM REQUIRING DEPARTMENTS TO SUBMIT ALL REQUESTS FOR THE FILLING OF VACANT POSITIONS THROUGH THE ADMINISTRATIVE OFFICE FOR REVIEW. 91. Oroville City Elementary School District - Request for Consolidation - the Oroville City Elementary School District submits Resolution No. 01-02-17 ordering a school bond election and requesting consolidation of the election with the statewide General Election to be held November 5, 2002 - action requested - APPROVE CONSOLIDATION. 92. Out of Sequence Merit Increase - County Counsel has requested the Department of Human Resources prepare an agenda item requesting Board approval of an out of sequence merit increase for Deputy County Counsel III Elizabeth McGie to Step 5 of the salary range (retroactive to June 9, 2002) as a result of additional job duties and superior job performance - action requested - APPROVE OUT OF SEQUENCE MERIT INCREASE FOR DEPUTY COUNTY COUNSEL III ELIZABETH MCGIE TO STEP 5 OF THE SALARY RANGE RETROACTIVE TO JUNE 9, 2002. Page 259 June 25, 2002 June 25. 2002 02-193 93. Out of Sequence Merit Increase - County Counsel has requested the Department of Human Resources prepare an agenda item requesting Board approval of an out of sequence merit increase for Deputy County Counsel III Roger Wilson to Step 5 of the salary range (retroactive to July 20, 2002) as a result of additional job duties and superior job performance - action requested - APPROVE OUT OF SEQUENCE MERIT INCREASE FOR DEPUTY COUNTY COUNSEL III ROGER WILSON TO STEP 5 OF THE SALARY RANGE RETROACTIVE TO JULY 20, 2002. (151) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.32 AND 3.90. (NOTE: ITEM 3.30 WAS AMENDED THROUGH A SUPPLEMENTAL AGENDA) M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda CHAIR JOSIASSEN PRESENTS A RESOLUTION IN APPRECIATION OF RODNEY LUNDBERG UPON HIS RETIREMENT FROM THE CALIFORNIA HIGHWAY PATROL. 02-194 Appointments - Boards, Commissions, and Committees. (269) 1. Appointments to listed vacancies. (NONE) 2. Butte County Resource Conservation District - action requested - APPOINT D.C. JONES, DISTRICT 1 REPRESENTATIVE, TO A TERM TO END JANUARY 10, 2005; AND APPOINT ANY OTHER DISTRICT REPRESENTATIVE AS SUBMITTED BY THE BOARD. MOTION: I MOVE TO APPOINT D.C. JONES, DISTRICT 1 REPRESENTATIVE, AND ED CHAMBAEU, DISTRICT 5 REPRESENTATIVE, TO A TERM TO END JANUARY 10, 2005. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 3. Paradise Ridge Area - Ad Hoc Committee - consideration of a request from the Public Works Department to appoint two Board of Supervisors members to an ad hoc committee for the purpose of discussing and developing potential solutions to some of the common issues of concern in the Town of Paradise and the Upper Ridge Area - action requested - APPOINT TWO BOARD MEMBERS TO AD HOC COMMITTEE. MOTION: I MOVE TO APPOINT SUPERVISORS YAMAGUCHI AND JOSIASSEN TO THE PARADISE RIDGE AREA AD HOC COMMITTEE, AND ENDORSE THE INCLUSION OF A REPRESENTATIVE FROM THE UPPER RIDGE COORDINATING COUNCIL TO THE AD HOC COMMITTEE. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 260 June 25, 2002 June 25, 2002 02-195 Update on legislative and budget activities. (431) 1. Butte County Proposed Budget - Consideration of the Butte County Fiscal Year 2002-2003 Proposed Budget - action requested: A. ADOPT THE PROPOSED BUDGET FOR FISCAL YEAR 2002-2003 AS THE AUTHORITY FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL YEAR 2002-2003, AND AS THE BASIS FOR FINAL BUDGET HEARINGS; B. SET 1:30 P.M. ON AUGUST 13, 2002, AS THE OPENING OF THE PUBIC HEARING ON THE FINAL BUDGET AND DIRECT THE CLERK OF THE BOARD TO PUBLISH NOTICE OF SAID HEARING PURSUANT TO GOVERNMENT CODE SECTION 29066; AND C. APPROVE PURCHASE OF ALL FIXED ASSETS RECOMMENDED WITHIN THE PUBLIC WORKS BUDGET UNITS 533.002 AND 533.003. D. RECESS AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY. MOTION: I MOVE TO ADOPT THE PROPOSED BUDGET FOR FISCAL YEAR 2002-2003 AS THE AUTHORITY FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL YEAR 2002-2003, AND AS THE BASIS FOR FINAL BUDGET HEARINGS; SET 1:30 P.M. ON AUGUST 13, 2002, AS THE OPENING OF THE PUBIC HEARING ON THE FINAL BUDGET AND DIRECT THE CLERK OF THE BOARD TO PUBLISH NOTICE OF SAID HEARING PURSUANT TO GOVERNMENT CODE SECTION 29066; AND APPROVE PURCHASE OF ALL FIXED ASSETS RECOMMENDED WITHIN THE PUBLIC WORKS BUDGET UNITS 533.002 AND 533.003. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESSED AT 9:31 A.M. AS THE BUTTE COUNTY BOARD OF SUPERVISORS AND CONVENE AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY. (760) Butte County In-Home Supportive Services Public Authority Minutes June 25, 2002 02-003 1. Proposed Fiscal Year 2002-2003 Budget - action requested - ADOPT THE PROPOSED BUDGET FOR FISCAL YEAR 2002-2003 AS THE AUTHORITY FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL YEAR 2002-2003. (783) MOTION: I MOVE TO ADOPT THE PROPOSED BUDGET FOR FISCAL YEAR 2002-2003 AS THE AUTHORITY FOR EXPENDITURES DURING PREPARATION OF THE FINAL BUDGET FOR FISCAL YEAR 2002-2003. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-004 2. Public Comment. (NONE) Page 261 June 25, 2002 June 25, 2002 THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS RECESSED AT 9:34 A.M. TO RECONVENE AS THE BUTTE COUNTY BOARD OF SUPERVISORS. Butte County Board of Supervisors Continued Regular Agenda 02-196 Reclamation District 833 - Assessment Commission Report - Reclamation District 833 is in the process of imposing an assessment increase. It has requested the Board review its Assessment Commission Report and equalize its Operation and Maintenance Assessment Roll, as set forth in the Water Code - action requested - DISCUSS DISTRICT'S REQUEST AND DETERMINE IF THE BOARD WILL OR WILL NOT TO PARTICIPATE IN THIS PROCESS. (834) BOARD DIRECTION THAT THIS MATTER BE CONTINUED TO THE AGENDA OF JULY 9, 2002, TO ALLOW COUNTY COUNSEL TIME TO REVIEW THE MATTER FURTHER AND TO PREPARE A RECOMMENDATION FOR BOARD CONSIDERATION. RECESS: 10:36 A.M. RECONVENE: 10:45 A.M. Public Hearing and Timed Items 02-197 Public Hearing - County Service Area Charges Protest Hearing - County Service Area (CSA) No. 135, Zone 1 - Keefer Creek Estates - in 1997 CSA No. 135, Zone 1 failed to pass a maximum per parcel service charge increase. As a result of that failed ballot measure, the CSA's budget fund balance was extinguished in 2000, and on July 1, 2000, eight street lights within the CSA were turned off. In January 2002, Pacific Gas and Electric notified the County of its intention to remove the eight non-funded street lights. On May 7, 2002, the Board called a pubic hearing for a protest hearing and ballot proceeding to raise the maximum per parcel service charge from the current $67.74 to $119.94 in order to fully fund services within the CSA - action requested - OPEN PUBLIC HEARING AND REQUEST PROPERTY OWNER PROTESTS FOR THE PROPOSED INCREASED SERVICE CHARGE IN COUNTY SERVICE AREA 135, ZONE 1. CLOSE PUBLIC HEARING AND REQUEST FROM THE CLERK OF THE BOARD THE NUMBER OF PROTESTS RECEIVED. IF THERE IS NOT A MAJORITY PROTEST, ADOPT AND AUTHORIZE THE CHAIR TO SIGN A RESOLUTION ESTABLISHING NEW AND/OR INCREASED SERVICE CHARGES IN SPECIFIED COUNTY SERVICE AREAS FOR FISCAL YEAR 2002-2003 AND FUTURE FISCAL YEARS, SUBJECT TO APPROVAL BY A MAJORITY VOTE OF THE PROPERTY OWNERS WITHIN THE COUNTY SERVICE AREA. (FROM 5-7-02 [3.07]) (3573)(**00) PUBLIC HEARING CONVENED: 10:45 A.M. PUBLIC HEARING CLOSED: 10:47 A.M. Page 262 June 25, 2002 June 25, 2002 02-197 TOTAL PARCEL IN COUNTY SERVICE AREA: 34 PARCELS TOTAL PROTESTS RECEIVED: 1 PROTEST LETTER RECEIVED MOTION: I MOVE TO ADOPT AND AUTHORIZE THE CHAIR TO SIGN RESOLUTION 02-118 ESTABLISHING NEW AND/OR INCREASED SERVICE CHARGES IN SPECIFIED COUNTY SERVICE AREAS FOR FISCAL YEAR 2002-2003 AND FUTURE FISCAL YEARS, SUBJECT TO APPROVAL BY A MAJORITY VOTE OF THE PROPERTY OWNERS WITHIN THE COUNTY SERVICE AREA. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-198 Public Hearing - Twin Palms, Speedway, and Chambers Subdivisions - Formation of County Service Area No. 178, Zone A (Twin Palms Subdivision) and Zone B (Speedway and Chambers Subdivisions) - Protest Hearing and Ballot Proceeding - the Public Works Department has received a request from the developer of the Twin Palms Subdivision and the land owners within the Chambers and Speedway Subdivisions for the formation of a County Service Area for street lighting, fire protection and storm drainage maintenance services. The formation is subject to ballot proceeding requirements pursuant to Proposition 218, and approval by the Local Agency Formation Commission. On May 7, 2002, the Board adopted a resolution making application to the Local Agency Formation Commission and setting the protest hearing and ballot proceeding date - action requested - OPEN PUBLIC HEARING AND REQUEST PROPERTY OWNER PROTESTS FOR THE TWIN PALMS, SPEEDWAY AND CHAMBERS SUBDIVISIONS. CLOSE PUBLIC HEARING AND REQUEST FROM THE CLERK OF THE BOARD THE NUMBER OF PROTESTS RECEIVED. IF THERE IS NOT A MAJORITY PROTEST, REQUEST BALLOT RESULTS FROM THE CLERK OF THE BOARD. IF A MAJORITY OF BALLOTS ARE IN FAVOR OF ESTABLISHING THE PROPOSED SERVICE CHARGES, ADOPT AND AUTHORIZE THE CHAIR TO SIGN A RESOLUTION ESTABLISHING SERVICE CHARGES FOR PROPOSED COUNTY SERVICE AREA NO. 178, WITH THE NOTATION THAT THE IMPOSITION OF THE PROPOSED FEES IS SUBJECT TO APPROVAL OF THE COUNTY SERVICE AREA BY THE LOCAL AGENCY FORMATION COMMISSION. (FROM 5-7-02 [3.08])(**108) PUBLIC HEARING CONVENED: 10:48 A.M. PUBLIC HEARING CLOSED: 10:51 A.M. PARCELS IN TWIN PALMS SUBDIVISION: 1 TOTAL PROTESTS RECEIVED: NONE TOTAL BALLOTS IN FAVOR: 1 TOTAL BALLOTS OPPOSED: NONE PARCELS IN CHAMBERS/SPEEDWAY SUBDIVISION: 17 TOTAL PROTESTS RECEIVED: NONE TOTAL BALLOTS IN FAVOR: 9 TOTAL BALLOTS OPPOSED: 1 MOTION: I MOVE TO ADOPT AND AUTHORIZE THE CHAIR TO SIGN REVISED RESOLUTION 02-119 ESTABLISHING SERVICE CHARGES FOR PROPOSED COUNTY SERVICE AREAS, WITH THE NOTATION THAT THE IMPOSITION OF THE PROPOSED FEES IS SUBJECT TO APPROVAL OF THE COUNTY SERVICE AREA BY THE LOCAL AGENCY FORMATION COMMISSION. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 263 June 25, 2002 June 25. 2002 02-199 Public Hearing - Rename a Private Road in Butte County - the property owners along Dick Lane have submitted a petition to change the road's name to Rossmore 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 Dick Lane (Hildale Avenue to end) to Rossmore Lane - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (FROM 6-11-02 [3.04]) (**258) PUBLIC HEARING CONVENED: 10:54 A.M. PUBLIC HEARING CLOSED: 10:55 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 02-120 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-200 Continued Public Hearing - Butte County Department of Development Services - Rezone - consideration of a Rezone to conform the zoning of the subject properties to the General Plan, rezoning from A-5 (Agriculture - 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 three homes on 0.95 acres (this is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given). The property is located south of, and adjacent to, State Route 32, approximately 1/4 mile southeast of Muir Avenue, at 3207 State Route 32, Chico, and identified as APN 042-100-002, 003, and 004 (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."; AND 2. ADD THE FOLLOWING LANGUAGE TO THE PLANNING COMMISSION RECOMMENDATION: "ALL FOOD SERVICE USES ARE PROHIBITED." (**310) PUBLIC HEARING RECONVENED: 10:56 A.M. PUBLIC HEARING CLOSED: 11:54 P.M. MOTION: I MOVE FOR A MOTION OF INTENT TO DENY THE REZONE. S M VOTE: 1 Y 2 Y 3 Y 4 N 5 N (Motion Carried) Page 264 June 25, 2002 June 25. 2002 02-201 Public Hearing - Robert Russell - Appeal - Tentative Parcel Map - consideration of an appeal of Conditions No. 10 and 13 of the Conditions of Approval of a Tentative Parcel Map to create a 29.21 acre parcel and a 29.72 acre parcel. This is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. The California Department of Fish and Game has tentatively approved the two proposed parcels provided that deed restrictions are placed on the property to prevent impacts to deer. The deed restrictions will include a prohibition on further land divisions and the location of a new home site. The property is located on the south side of Black Bart Road, approximately 1.4 miles south of Forbestown Road, at 876 Black Bart Road, in the Robinson Mill area southeast of Oroville, and identified as APN 073-100-036 (TPM 02-09 [SB]) - action requested - SUBJECT TO FINDING I(A) AS DETAILED IN THE STAFF REPORT DATED JUNE 25, 2002, DENY THE APPEAL FOR ROBERT RUSSELL. (**2568) PUBLIC HEARING CONVENED: 11:55 A.M. PUBLIC HEARING CLOSED: 12:10 P.M. MOTION: I MOVE TO APPROVE THE APPEAL OF CONDITION 10 OF THE ROBERT M. RUSSELL TPM, APN 073-110-036, FINDING THAT THE REQUIRED ROADWAY COULD BE CONSTRUCTED WITHIN THE PROPOSED 24-FOOD WIDE RIGHT-OF-WAY AND THAT BY REQUIRING A MINIMUM 10 FOOT EASEMENT ON EACH SIDE OF THIS RIGHT-OF-WAY TO ALLOW FOR MAINTENANCE OF THE BRUSH CLEARANCES REQUIRED BY PUBLIC RESOURCES CODE 4290, APPROVAL OF THIS APPEAL WILL NOT BE DETRIMENTAL TO THE PUBLIC HEALTH, SAFETY OR WELFARE. CONDITION 10 IS MODIFIED TO READ, "PRIOR TO RECORDATION OF THE PARCEL MAP, PROVE TO THE SATISFACTION OF THE DIRECTOR OF PUBLIC WORKS, THAT THERE IS APPROVED ACCESS TO EACH PARCEL FROM A PUBLICLY MAINTAINED ROAD. FOR THE PURPOSES OF THIS CONDITION, THE MINIMUM WIDTH FOR THE EASEMENT FOR ROAD AND PUBLIC SERVICES PURPOSES SHALL BE 24 FEET AND THERE SHALL BE AN ADDITIONAL 10 FEET ON EACH SIDE OF THE EASEMENT FOR BRUSH CLEARING AS REQUIRED BY PUBLIC RESOURCES CODE 4290." M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) STUART EDELL, PUBLIC WORKS DEPARTMENT, STATED THAT NO ACTION NEEDED TO BE TAKEN ON CONDITION 13 BECAUSE THE ROAD WILL FIT WITHIN THE 24 FOOT EASEMENT. Regular Agenda 02-202 Poe Hydroelectric Project-FERC No. 2107 - Notice of Intent to File Application for New License - Board approval is requested by County Counsel to file a Notice of Intent to File a Competing License Application for the Poe Hydroelectric Project - action requested - DIRECT STAFF TO PREPARE AND FILE A NOTICE OF INTENT TO FILE A COMPETING LICENSE FOR THE POE HYDROELECTRIC PROJECT-FERC NO. 2107. (**3530) (**00) Page 265 June 25, 2002 June 25, 2002 02-202 MOTION: I MOVE TO DIRECT STAFF TO PREPARE AND FILE A NOTICE OF INTENT TO FILE A COMPETING LICENSE FOR THE POE HYDROELECTRIC PROJECT-FERC NO. 2107. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-203 Oaklawn Avenue Sewer Lateral Installation - County Project No. 54201-00-1 - Award of Bid - bids will open June 24, 2002, for the project which will consist of the installation of 19 sewer laterals prior to the planned roadway reconstruction. The sewer laterals will be placed from their connection with the sewer main in the roadway centerline to the right-of-way line at the subject properties - action requested - AWARD BID PER RECOMMENDATION PRESENTED TO THE BOARD ON JUNE 25, 2002, AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (***89) MOTION: I MOVE TO AWARD BID TO SANTOS EXCAVATING, INC., FOR THE AMOUNT OF $44,650 AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN AGREEMENT SUBJECT TO APPROVE OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. THE AWARD SHALL BE SUBJECT TO THE FOLLOWING CONDITIONS: (1) THAT FINAL PROJECT CLEARANCE BE GIVEN BY THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, AND 2) SANTOS EXCAVATING, INC., EXECUTE A CONTRACT CHANGE ORDER DELETING THE SANITARY SEWER MANHOLE FROM THE CONTRACT. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-204 2002 State Transportation Improvement Program - Local Road Projects - Report to the Board - the Public Works Department requests Board direction on the list of County road projects to be submitted to the Butte County Association of Governments for programming of the remaining portion of the County's share of the 2002 State Transportation Improvement Program/Regional Improvement Program local project funds - action requested - BOARD DIRECTION TO STAFF ON ROAD PROJECTS TO BE SUBMITTED TO THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS. (***207) MOTION: I MOVE TO DIRECT PUBLIC WORKS STAFF TO INCLUDE THE FOLLOWING PROJECTS IN ITS SUBMISSION TO THE BUTTE COUNTY ASSOCIATION OF GOVERNMENTS FOR PROGRAMMING OF THE REMAINING PORTION OF THE COUNTY'S SHARE OF THE 2002 STATE TRANSPORTATION IMPROVEMENT PROGRAM/REGIONAL IMPROVEMENT PROGRAM: (1) RECONSTRUCT AND REHABILITATE EAST 5TH AVENUE-ESPLANADE TO STATE ROUTE 99 ($750,000); (2) TRAFFIC SIGNAL ON SKYWAY AT HONEYRUN ROAD ($360,000); AND (3) COUNTY ROAD REHABILITATION PROJECTS-LINCOLN BOULEVARD BETWEEN MONTE VISTA AVENUE AND OPHIR ROAD ($151,700). S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 266 June 25, 2002 June 25, 2002 02-205 County Representation - Faith vs. Bell - discussion of legal representation of the County in the appeal of Faith vs. Bell - action requested - APPROVE REPRESENTATION OF COUNTY BY CHARLES BELL IN THE MATTER OF FAITH VS. BELL AND AUTHORIZE THE CHAIR TO SIGN A WAIVER OF CONFLICT AND CONSENT TO REPRESENTATION ON BEHALF OF THE COUNTY. (***392) MOTION: I MOVE TO APPROVE REPRESENTATION OF COUNTY BY CHARLES BELL IN THE MATTER OF FAITH VS. BELL AND AUTHORIZE THE CHAIR TO SIGN A WAIVER OF CONFLICT AND CONSENT TO REPRESENTATION ON BEHALF OF THE COUNTY. S M VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried) 02-206 Compensation for Grant Employee - Board approval is requested by the Sheriff's Office, pursuant to Personnel Rule 11.13, to hire a Deputy Sheriff candidate to step 3 of the salary range based on his special skills as a pilot. The Deputy Sheriff candidate is being hired in support of a grant for methamphetamine enforcement which incorporates air operations - action requested - APPROVE APPOINTMENT OF DEPUTY SHERIFF CANDIDATE TO STEP 3 OF THE SALARY RANGE, EFFECTIVE WITH HIS DATE OF HIRE, AS A RESULT OF HIS SPECIAL SKILLS AS A PILOT. (***436) MOTION: I MOVE TO APPROVE THE APPOINTMENT OF DEPUTY SHERIFF CANDIDATE TO STEP 3 OF THE SALARY RANGE, EFFECTIVE WITH HIS DATE OF HIRE, AS A RESULT OF HIS SPECIAL SKILLS AS A PILOT. S M VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 02-207 Items removed from the Consent Agenda for Board consideration and action. 1. Butte County Economic Development Corporation - Board approval is requested by the Treasurer-Tax Collector for an agreement with the Butte County Economic Development Corporation for services in support of the countywide tourism marketing program. Butte County Economic Development Corporation has been performing these duties for the County for the last two years, and sole source approval is requested to provide consistency of effort. The term of the agreement is July 1, 2002, through June 30, 2004, with a maximum amount payable of $86, 000 ($43, 000 per fiscal year) , contingent upon Board appropriation of Transient Occupancy Tax Funds for fiscal year 2002-2003 and 2003-2004 - action requested - APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. (***488) MOTION: I MOVE TO APPROVE SOLE SOURCE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. M S VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 267 June 25, 2002 June 25. 2002 Public Comment 02-208 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. (***761) (NONE) 02-209 Closed Session ReCeSS: THE BOARD RECESSED AT 12:38 P.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. GAYLORD V. COUNTY OF BUTTE AND 2. ADMINISTRATIVE CASE NO. SN1456; AND CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: 3514 HICKS LANE, CHICO; AGENCY NEGOTIATOR: BRUCE ALPERT; NEGOTIATING PARTIES: COUNTY OF BUTTE AND LORRAINE M. PAISLEY; UNDER NEGOTIATION: PRICE, TERMS AND CONDITIONS OF POTENTIAL SALE. ReCOnVene: THE BOARD RECONVENED AT 3:31 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) 1. GAYLORD V. COUNTY OF BUTTE AND 2. ADMINISTRATIVE CASE NO. SN1456; AND CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: 3514 HICKS LANE, CHICO; AGENCY NEGOTIATOR: BRUCE ALPERT; NEGOTIATING PARTIES: COUNTY OF BUTTE AND LORRAINE M. PAISLEY; UNDER NEGOTIATION: PRICE, TERMS AND CONDITIONS OF POTENTIAL SALE. AdIOUrnment: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 3:31 P.M. TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, JULY 9, 2002, AT 9:00 A.M. Curt Josiassen, Chair ATTEST: Paul McIntosh, Chief Administrative Officer and Clerk of the Board of Supervisors By: Page 268 June 25, 2002