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HomeMy WebLinkAboutM092600BOARD OF SUPERVISORS MINUTES September 26, 2000 R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisors present: Beeler, Houx, Josiassen, Davis, and Chair Dolan. Also present: John S. Blacklock, 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 Dale Clark, Covenant Reformed Church, Chico. 00-300 Items removed from the Consent Agenda for Board consideration and action. (224) 1. United States Department of Justice/United States Department of Treasury - Federal Equitable Sharing Agreement - Board approval is requested by the Sheriff's Office to enter into a Federal Equitable Sharing Agreement with the United States Departments of Justice and Treasury. The agreement provides for Butte County to receive a share of the asset forfeitures from federal cases when the County has assisted in the case - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT AND CERTIFICATION REPORT. (Contract No. R40258 ) Consent Acrenda 00-301 1. Approval of Minutes - action requested - APPROVE MINUTES OF AUGUST 22, 2000; AND AUGUST 28, 2000. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-043 (PROBATION); B-042 (EMERGENCY SERVICES); B-039 (PUBLIC HEALTH); B-040 (PUBLIC HEALTH); B-038 (PUBLIC WORKS); AND B-044 (BEHAVIORAL HEALTH). (All budget transfers listed above, with the exceptions of B-039 and B-044, require a 4/5 vote.) Page 322 September 26, 2000 September 26, 2000 00-301 3. County Library Donations - in accordance with Government Code Section 25355, a donation of $100 from Pam Tompkins of Paradise, has been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. 4. Mineral Classification - the County has received two petitions for Mineral Classification Reports from the State Mining and Geology Board (SMGB), one for the Greenrock Quarry (Meridian Aggregates Company) and one for the M&T Chico Ranch (KRC Holdings, Inc.). In accordance with the California Surface Mining and Reclamation Act, the County, as lead agency, shall establish mineral resource management policies, to be incorporated into the General Plan, that will recognize the mineral information classified by the State Geologist and transmitted to the SMGB, assist in the management of land uses that affect areas containing mineral resources of statewide or regional significance, and emphasize the conservation and development of identified mineral deposits - action requested - DIRECT STAFF TO PREPARE THE NECESSARY GENERAL PLAN AMENDMENTS AND SCHEDULE REQUIRED PUBLIC HEARINGS TO AMEND THE GENERAL PLAN. 5. Keller Group - Board approval is requested by the General Services Director, on behalf of the welfare Department, for an award agreement with the Keller Group of Sacramento, for the provision of office furniture for the new South County Employment Center. The agreement, in the amount of $677,795.95 (department budget), is the result of a Request for Proposal, and the recommendation of the proposal evaluation team - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 6. Sheriff's Office - Sole Source Van Purchase - Board approval is requested by the Sheriff's Office for the sole source purchase of an evidence van which will be utilized by the department's investigators. The vehicle, a 2001 Ford E-350 four-wheel drive cab and chassis with a Sirchie Model 900/14 evidence laboratory, will be purchased from Sirchie Finger Print Laboratories-Vehicle Division of Medford, New Jersey, in the amount of $82,142.64, including sales tax and delivery charges (department budget). The sole source purchase approval is being requested to provide a vehicle with the components required for law enforcement evidence collection - action requested - APPROVE SOLE SOURCE PURCHASE OF INVESTIGATORS VAN. Page 323 September 26, 2000 September 26, 2000 00-301 7. Reissue Time Expired warrant - Board approval is requested by the Administrative Office, on behalf of the estate of Andy Sherbine, to reissue time expired warrant No. 1000-070842, in the amount of $58.58, dated March 13, 1998. The Auditor-Controller has verified the warrant is time expired and has not been reissued, and the original warrant is in the possession of the County - action requested - DIRECT THE AUDITOR-CONTROLLER TO REISSUE TIME EXPIRED WARRANT. 8. State Water Resources Control Board (SWRCB) - on June 27, 2000, the Board approve a revenue agreement with the SWRCB to fund a watershed management study on Little Chico Creek. Board approval is requested by the Department of water and Resource Conservation to accept and appropriate the $199,709 in unanticipated grant revenue received from the SWRCB - action requested - APPROVE BUDGET TRANSFER B-041 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE. 9. Butte County Air Quality Management District - Department of Motor Vehicles Grant - Board approval is requested by the Library to accept $15,018 in unanticipated grant revenue received from the Air Quality Management District, Department of Motor Vehicles Grant program. The Board approved submission of the grant on May 16, 2000, for funds to upgrade the diesel engine of the Butte County Bookmobile - action requested - APPROVE BUDGET TRANSFER B-046 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT REVENUE; AND AUTHORIZE THE LIBRARY TO PROCEED WITH THE BOOKMOBILE ENGINE UPGRADE. 10. California Friday Night Live Partnership - Board approval is requested by the Butte County Department of Behavioral Health to accept and appropriate $27,500 in additional grant funds received from the California Friday Night Live Partnership to expand and extend the Friday Night Live program. The term of the grant will be extended through June 30, 2001 - action requested - ADOPT RESOLUTION 00-115 AUTHORIZING PARTICIPATION IN THE EXPANSION PROJECT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE BUDGET TRANSFER B-045 (4 /5 vote required) ACCEPTING, APPROPRIATING AND ALLOCATING UNANTICIPATED GRANT REVENUE; AND APPROVE GRANT AGREEMENT ADDENDUM AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40089) 11. Monthly Investment Report - the Treasurer-Tax Collector submits the August 31, 2000, report in accordance with the Butte County Statement of Investment Policy dated July 1, 2000 - action requested - ACCEPT FOR INFORMATION. Page 324 September 26, 2000 September 26, 2000 00-301 12. Adoption of a Salary Ordinance Amendment - the Personnel Department has prepared a salary ordinance amendment which incorporates changes associated with the Butte County Final Budget for Fiscal Year 2000-2001 as follows: District Attorney-Criminal - adds one position of Deputy District Attorney IV/III/II/I, one position of Information Systems Analyst I, and one position of Investigative Assistant. Sheriff-Coroner - Services - adds one position of Principal Analyst. Probation - adds one position of Administrative Analyst III/II/I, seven positions of Probation Technician, one position of Accounting Specialist, and one position of Receptionist. Development Services-Planning - adds one position of Office Assistant III/II/I. Behavioral Health-General Services - deletes one position of Psychiatrist; and adds two positions of Supervisor-Mental Health Nurse, one position of Staff Nurse III/II/I, one position of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, and one position of Office Assistant III/II/I. Behavioral Health-Substance Abuse Services - adds two one-half time positions of Mental Health Clinician II/I, two positions of Senior Mental Health Counselor/Mental Health Counselor/Mental Health worker, and one position of Medical Records Technician II/I. welfare-Administration - adds one position of Office Assistant III/II/I. welfare-Services - adds one position of Social worker IV. Library - adds one position of Librarian II, and one position of Information Systems Technician I - action requested - ADOPT ORDINANCE 3633 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-12-00 [3.13(2)]) 13. Adoption of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which flexibly staffs one position of Office Assistant II/I to one position of Office Assistant III/II/I to provide the department with greater staffing choices - action requested - ADOPT ORDINANCE 3634 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-12-00 [3.19] ) 14. Adoption of a Salary Ordinance Amendment - the Treasurer- Tax Collector has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Revenue & Reimbursement Officer II/I, and adds one position of Supervisor-Staff Support Services, in support of the revised Central Collections Division staff organization - action requested - ADOPT ORDINANCE 3635 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-12-00 [3.20] ) Page 325 September 26, 2000 September 26, 2000 00-301 15. Adoption of a Salary Ordinance Amendment - the Public works Department has requested the Personnel Department prepare a salary ordinance amendment which deletes one position of Civil Engineering-Supervisor, and adds one position of Civil Engineering-Associate/Civil Engineering-Assistant. The ordinance will correct an error which occurred when the position was filled at the Civil Engineering-Associate/Civil Engineering-Assistant level - action requested - ADOPT ORDINANCE 3636 AND AUTHORIZE CHAIR TO SIGN. (FROM 9-12-00 [3.21]) 16. Adoption of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Probation Officer III/II/I (term to end 7-30-02) The position will be funded utilizing Local Law Enforcement Block Grant funds - action requested - ADOPT ORDINANCE 3637 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-12-00 [3.22] ) 17. Urgency Ordinance - Salary Ordinance - District Attorney's Office - Board approval is requested by the District Attorney for an urgency salary ordinance amendment which extends two term positions (one District Attorney Investigator II position and one Legal Secretary II/I position) which are due to expire on September 30, 2000, to June 30, 2005. The positions are allocated to the Drug Endangered Children (DEC) Response Team. Urgent State legislation (AB 2518 [Washington]) designates Butte County, along with six other counties, for continuation of the DEC program through June 30, 2005. The State's finding for urgency legislation is based on the need for immediate preservation of public peace, health, and safety. AB 2518 ensures uninterrupted operation and continued funding of existing DEC Response Teams. This ordinance is being requested to provide for that continued coverage in Butte County - action requested - ADOPT URGENCY SALARY ORDINANCE 3638 (4/5 vote required) AND AUTHORIZE THE CHAIR TO SIGN. 18. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Personnel Department prepare a salary ordinance amendment which will correct Ordinance 3629, adopted August 22, 2000. The original ordinance flexibly staffed the current allocations for the positions of Staff Nurse II/I or Licensed Vocational Nurse to Staff Nurse III/II/I or Licensed Vocational Nurse. The proposed ordinance will clarify and correct the number of allocations and positions as follows: reclassifies four positions of Staff Nurse II/I or Licensed Vocational Nurse, and two positions of Staff Nurse II/I, to six positions of Staff Nurse III/II/I or Licensed Vocational Nurse - action requested - WAIVE Page 326 September 26, 2000 September 26, 2000 READING OF THE ORDINANCE. 00-301 19. Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Personnel Department prepare a salary ordinance amendment which will flexibly staff the following Board of Control Grant positions to allow the department greater staffing choices: one position of Auditor-Accountant I to one position of Auditor-Accountant II/I or Accounting Specialist, one half-time position of Auditor-Accountant I to one half-time position of Auditor-Accountant II/I or Accounting Specialist, and one position of Legal Secretary I to one position of Legal Secretary I/Legal Typist Clerk/Office Assistant III - action requested - WAIVE READING OF THE ORDINANCE. 20. Resolution Proclaiming October 2000 as Domestic Violence Awareness Month - Board approval is requested by the Butte Glenn Family Violence Prevention Council for a resolution which would proclaim October 2000 as Domestic Violence Awareness Month, and October 12, 2000, as Teen Relationship Abuse Awareness Day - action requested - ADOPT RESOLUTION 00-116 AND AUTHORIZE THE CHAIR TO SIGN. 21. Resolution Approving Draft Disadvantaged Business Enterprise (DBE) Program and Proposed Overall Annual Goal of 12o for Federal Fiscal Year 2001 - Board approval is requested by the Public works Department for a resolution which would approve the draft DBE Program and Overall Annual DBE Goal as required by the Department of Transportation as a condition of federal financial assistance. The draft proposal will be submitted to CalTrans for preliminary review - action requested - ADOPT RESOLUTION 00-117 AND AUTHORIZE THE CHAIR TO SIGN. 22. Reconstruction of Neal Road from 3.0 to 4.7 Miles East of State Route 99 - County Project No. 46312-92-2 - Contract Change Order (CCO) No. 1 - CCO No. 1, in the increased amount of $2,454.57, provides for additional work needed as a result of the location of underground springs in the roadway subgrade - action requested - APPROVE CCO NO. 1 AND AUTHORIZE THE CHAIR TO SIGN. 23. Construction of Pavement Overlays in the Kelly Ridge Area - County Project No. AC-99-1 - Notice of Completion - all contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK; AUTHORIZE THE CHAIR TO SIGN THE NOTICE OF COMPLETION; AND DIRECT RECORDING OF THE NOTICE OF COMPLETION. Page 327 September 26, 2000 September 26, 2000 00-301 24. Steven Trenholme - Public Defender Services - Amendment - Board approval is requested by the Chief Administrative Office for an amendment to the agreement with Steven Trenholme for the provision of Public Defender Services. The amendment extends the full-time designation of his position to June 30, 2003, in response to continued need for enhanced services. Board approval is also requested to eliminate the term designation of one half-time Legal Typist Clerk/Office Assistant III/II/I position in the District Attorney's Office, which was added to the department in direct support of the enhanced Public Defender program - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND DIRECT THE PERSONNEL DEPARTMENT TO PREPARE A SALARY ORDINANCE AMENDMENT WHICH WOULD ELIMINATE THE TERM DESIGNATION OF A CLERICAL POSITION IN THE DISTRICT ATTORNEY'S OFFICE. 25. Bradford R. Luz - Employment Contract - Director of Behavioral Health - proposed is an employment agreement with Bradford R. Luz for the position of Director of Behavioral Health. The term of the agreement is November 1, 2000, through October 31, 2002, with an annual salary of $93,367, a car allowance of $520 per month, a cellular phone allowance of $70 per month, and a one time moving cost reimbursement of actual costs up to a maximum of $2,500, provided the move occurs within one year of employment - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 26. Norman B. Brice - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Norman B. Brice for the provision of specialty mental health services to BCDBH clients, within the requirements of Phase II Medi-Cal Specialty Mental Health Consolidation (Outpatient Managed Care). The amendment includes the insertion of required Medi-Cal contract language, with all other terms and conditions to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10918) 27. 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 classes to CalWORKs participants. The term of the agreement is July 1, 2000, through June, 30, 2001, with a maximum amount payable of $31,200 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11777) Page 328 September 26, 2000 September 26, 2000 00-301 28. Shepard Greene, M.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Shepard Greene, M.D., for the provision of psychiatric services to adult and youth clients of BCDBH. The amendment extends the agreement though fiscal year 2000- 2001, reduces the number of hours that will be worked from 40 per week to 24 per week, and reduces the maximum amount payable by $80,920 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11713) 29. Francis P. McDermott, Jr., M.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Francis P. McDermott, Jr., M.D., for the provision of psychiatric services to adult clients of BCDBH. The amendment extends the term of the agreement through fiscal year 2000-2001, and increases the maximum amount payable by $20,600 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11339) 30. Harvey Tullin, M.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Harvey Tullin, M.D., for the provision of psychiatric evaluations, treatment, and medical services for children and adolescent clients of BCDBH. The amendment extends the term of the agreement through fiscal year 2000-2001, and increases the maximum amount payable by $79,560 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11335) 31. California Adult Group Home - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with the California Adult Group Home for the provision of residential care programs, including board and care of mentally disordered adults. The amendment extends the term of the agreement through fiscal year 2000-2001, and increases the maximum amount payable by $18,300 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11401) Page 329 September 26, 2000 September 26, 2000 00-301 32. Families First, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Families First, Inc., for the provision of specialized day treatment services for seriously emotionally disturbed youth. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $37,560 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11778) 33. Sacramento Valley Family Services - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Sacramento Valley Family Services for the provision of services in support of the substance abuse prevention programs. The amendment extends the term of the agreement through fiscal year 2000-2001, and increases the maximum amount payable by $20,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11595) 34. Select Janitorial Services - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Select Janitorial Services for the provision of janitorial services to BCDBH sites. The amendment includes the addition of two additional sites (500 Cohasset Road, Suites 15 and 25) and increases the maximum amount payable by $2,220 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11588) 35. State of California - Department of Mental Health - Board approval is requested by the Butte County Department of Behavioral Health to apply to the California Department of Mental Health for Projects for Assistance in Transition from Homelessness (PATH) grant funds in the amount of $18,973. Funds will be utilized to continue representative payee services to identified mentally ill, and mentally ill/substance abusing consumers who are either homeless or are at risk of being homeless - action requested - ADOPT RESOLUTION 00-118 APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. Page 330 September 26, 2000 September 26, 2000 00-301 36. State of California - Department of Alcohol and Drug Programs - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the revenue agreement with the Department of Alcohol and Drug Programs for funds to support County alcohol and drug programs. The amendment decreases the total reimbursement to the County by $77,946 in response to revised County drug and alcohol programs. The amendment also extends the term of the agreement to June 30, 2002 - action requested - ADOPT RESOLUTION 00-119 APPROVING AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40074) 37. Substance Abuse and Mental Health Services Administration (SAMHSA) - Board approval is requested by the Butte County Department of Behavioral Health to apply to the California Department of Mental Health for federal Substance Abuse and Mental Health Services Administration Block Grant funding in the amount of $140,761. Funds will be utilized to provide integrated services to adults and older adults with serious mental illness, and children who are emotionally disturbed. The term of the grant is July 1, 2000, through June 30, 2001 - action requested - ADOPT RESOLUTION 00-120 APPROVING GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 38. Victor Treatment Center, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Victor Treatment Center, Inc., for the provision of day rehabilitation services, medication support services, and residential services to mentally ill young people who require a broader range of services than an outpatient clinical setting can provide. The amendment extends the term of the agreement through fiscal year 2000-2001, and increases the maximum amount payable by $244,666 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11550) 39. Youth For Change - Amendment - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for an amendment to the agreement with Youth For Change for the provision of therapeutic behavioral services to youth clients of BCDBH. The amendment extends the term of the agreement through fiscal year 2000-2001, and increases the maximum amount payable by $50,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11555) Page 331 September 26, 2000 September 26, 2000 00-301 40. State of California, Department of Insurance - Board approval is requested by the District Attorney to apply to the State of California, Department of Insurance, for grant funds to support an Automobile Insurance Prosecution Program. The term of the grant is July 1, 2000, through June 30, 2001, in the amount of $105,443 (1000 State) - action requested - APPROVE GRANT APPLICATION; AND ADOPT RESOLUTION 00-121 AUTHORIZING THE DISTRICT ATTORNEY TO SUBMIT GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 41. California State Library - English Language and Literacy Intensive Grant - Board approval is requested by the Director of Libraries to apply to the California State Library for English Language and Literacy Intensive grant funds. The grant will provide funds for new programs designed to expand/enhance existing programs that serve low achieving children in grades K-12, who are English language learners, and their parents - action requested - APPROVE GRANT APPLICATION AND AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN. 42. Community Opportunities for Vocational Experience (C.O.V.E.) - Board approval is requested by the Public works Department for an agreement with Community Opportunities for Vocational Experience for the provision of curbside recycling service in the Town of Paradise, and limited unincorporated areas in the Magalia and Paradise Pines vicinity. The term of the agreement is October 1, 2000, through October 1, 2001, with a maximum amount payable of $37,546. Funding for the agreement is provided by a Department of Conservation Beverage Container Recycling and Litter Reduction Act grant which was awarded to the County in July 2000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 43. Federal Highway Administration - Reconstruction of Forest Highway 119, Oroville-Quincy Highway in the Vicinity of the Lake Madrone Dam - Board approval is requested by the Public works Department for a revenue agreement with the Federal Highway Administration for the County's provision of field survey work in support of the reconstruction project. The term of the agreement is August 8, 2000, through December 31, 2000, with a maximum amount payable to the County of $20,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 332 September 26, 2000 September 26, 2000 00-301 44. Stonewall Alliance - Board approval is requested by the Public Health Department for an agreement with Stonewall Alliance for the provision of HIV/AIDS education and prevention services. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $45,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 45. Superior Court of California, County of Butte - Board approval is requested by the Sheriff's Office for a revenue agreement with the Superior Court of California, County of Butte, for the provision of security services for judicial officers, court employees, and members of the public. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable to the Sheriff's Office of $921,080 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11310) 46. Roger Masuda - Board approval is requested by the Department of water and Resource Conservation for a renewal agreement with Roger Masuda for the provision of legal services regarding water related issues. The term of the agreement is July 1, 2000, through June 30, 2001, with a maximum amount payable of $30,000 (department budget). The Butte County water Commission has recommended approval of the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 47. 1999-2000 Grand Jury Final Report - action requested - ADOPT THE BOARD OF SUPERVISORS' RESPONSE TO THE 1999-2000 GRAND JURY FINAL REPORT AND AUTHORIZE THE CHAIR TO SIGN. 48. waiver of Fees - pursuant to Butte County Code Section 3- 40.5, Board approval is requested by the Fire Department to waive all permit and inspection fees associated with the construction of an apparatus room for the Forest Ranch Volunteer Fire Company - action requested - FIND THAT THE WAIVER OF FEES IS IN THE PUBLIC INTEREST AND WAIVE ALL FEES ASSOCIATED WITH THE CONSTRUCTION PROJECT. Page 333 September 26, 2000 September 26, 2000 00-301 49. Nuisance Abatement/Code Enforcement - Report to the Board - the Chief Administrative Officer submits a report, prepared by the Director of Development Services, in response to the nuisance abatement/code enforcement issues raised during the Butte County Fiscal Year 2000-2001 Final Budget Hearings - action requested - ACCEPT FOR INFORMATION. (230) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEM 3.45, AND ITEM 3.36 AMENDED TO READ. "ACTION REQUESTED - ADOPT RESOLUTION APPROVING AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN." M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) CHAIR DOLAN PRESENT A RESOLUTION PROCLAIMING OCTOBER 2000 AS DOMESTIC VIOLENCE AWARENESS MONTH TO ANASTASIA SNYDER, REPRESENTATIVE OF THE BUTTE GLENN FAMILY VIOLENCE PREVENTION COUNCIL. Regular Agenda 00-302 Appointments - Commissions and Committees. (368) 1. Appointments to committee vacancies. (NONE) 00-303 Update on legislative and budget activities. JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE GOVERNOR HAS NOT YET SIGNED THE TWO PIECES OF PROPOSED LEGISLATION REGARDING ERAF RELIEF. THE BOARD WAS INFORMED THAT THE AIRPORT LAND USE COMMITTEE IS REQUESTING A JOINT MEETING WITH THE BOARD, THE OROVILLE CITY COUNCIL, THE PARADISE TOWN COUNCIL, AND THE CHICO CITY COUNCIL, TO BE HELD OCTOBER 19, 2000, AT 6:00 P.M., AT THE CHICO AREA RECREATION DISTRICT FACILITY ON VALLOMBROSA AVENUE IN CHICO. ALSO DISCUSSED WERE POSSIBLE SCHEDULING CHANGES FOR THE MEETING DATES IN NOVEMBER AND DECEMBER. (371) Page 334 September 26, 2000 September 26, 2000 00-304 Southside Oroville Community Center: 1. Report to the Board - update on the status of the Southside Oroville Community Center project - action requested - ACCEPT FOR INFORMATION; 2. Notification of Award of Financial Assistance - consideration of the approval of an award of financial assistance in the amount of $1,500,000 from the Economic Development Administration - action requested - APPROVE AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND 3. Plans and Specifications - plans and specifications have been prepared for construction of the site improvements and building - action requested - APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE A CALL FOR BIDS; AND SET BID OPENING FOR NOVEMBER 2, 2000, AT 2:30 P.M. IN THE PURCHASING OFFICE. (462) MOTION: I MOVE TO APPROVE THE AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; APPROVE PLANS AND SPECIFICATIONS; AUTHORIZE A CALL FOR BIDS; AND SET BID OPENING FOR NOVEMBER 2, 2000, AT 2:30 P.M. IN THE PURCHASING OFFICE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-305 Reclamation District No. 833 - Appointment of Assessment Commission for Assessment Apportionment - consideration of a request by Reclamation District No. 833, pursuant to water Code Sections 51320 et seq., to appoint a three member Assessment Commission as a prerequisite step in the consideration of a new assessment for the District. The commission will determine an assessment value per acre for each parcel within the District which is proportional to the benefits derived from the operation of the District, and prepare an operation and maintenance assessment roll and report pursuant to water Code Section 51324 and California Constitution Article XIIID, Section 4(b) - action requested - APPOINT CLAY CASTLEBERRY, FRED DAVIS, AND ED MCLAUGHLIN ASSESSMENT COMMISSIONERS; DIRECT THE COMPLETED OPERATION AND MAINTENANCE ASSESSMENT ROLL AND REPORT BE FILED WITH THE CLERK OF THE BOARD; AND UPON THE FILING OF THE REPORT, DIRECT A PUBLIC HEARING BE SET FOR CONSIDERATION OF THE MATTER PURSUANT TO WATER CODE SECTION 51244. (864) MOTION: I MOVE TO ADOPT RESOLUTION 00-122 APPOINTING ASSESSMENT COMMISSION FOR RECLAMATION DISTRICT 833 APPORTIONMENT STUDY AND REPORT AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 335 September 26, 2000 September 26, 2000 00-306 Conveyance of County Property - Sad Sack Murals - consideration of the conveyance, pursuant to Government Code Sections 25365 and 6061, of five "Sad Sack" cartoon murals (drawn on the walls of the Central Storeroom) - action requested - DECLARE MURALS SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE CONVEYANCE (4 /5 vote required) TO APPROPRIATE AGENCY PURSUANT TO GOVERNMENT CODE SECTION 25365. (FROM 8-22-00 [4.07]) (988) THIS ITEM REMOVED FROM THE AGENDA WITHOUT CONSIDERATION OR ACTION TO PROVIDE ADDITIONAL TIME FOR STAFF REVIEW. 00-307 Report to the Board - Existence of a Local Emergency - commencing September 19, 2000, a widespread wildfire resulted in the evacuation of populations in the communities of Concow and portions of the Town of Paradise - action requested: 1. ACCEPT PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY MADE WEDNESDAY, SEPTEMBER 20, 2000, BY THE DIRECTOR OF EMERGENCY SERVICES (JANE DOLAN, CHAIR OF THE BOARD); 2. ADOPT A RESOLUTION RATIFYING PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY AND REQUESTING CONCURRENCE OF THE DIRECTOR OF THE GOVERNOR'S OFFICE OF EMERGENCY SERVICES AND AUTHORIZE THE CHAIR TO SIGN; 3. CONFIRM NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY; OR 4. ADOPT A RESOLUTION OF TERMINATION OF A LOCAL EMERGENCY AND AUTHORIZE THE CHAIR TO SIGN. (1001) REPORT ON THE STATUS OF THE FIRE BY BILL SAGER, FIRE WARDEN. THE BOARD EXPRESSED ITS GRATITUDE TO THE MANY FIREFIGHTERS AND CITIZENS WHO WORKED SO HARD TO HELP FIGHT THE FIRE. BOARD DIRECTION WAS GIVEN THAT A RESOLUTION OF APPRECIATION BE PREPARED FOR ALL INDIVIDUALS WHO HELPED TO COMBAT THE FIRE, AND THAT LETTERS FROM THE BOARD BE WRITTEN TO THOSE FIREFIGHTERS WHO WERE INJURED. MOTION: I MOVE TO ADOPT A PROCLAMATION (RESOLUTION 00-123) OF EXISTENCE OF A LOCAL EMERGENCY MADE WEDNESDAY, SEPTEMBER 20, 2000, BY THE DIRECTOR OF EMERGENCY SERVICES (JANE DOLAN, CHAIR OF THE BOARD); ADOPT RESOLUTION 00-124 RATIFYING PROCLAMATION OF EXISTENCE OF A LOCAL EMERGENCY; ADOPT RESOLUTION 00-125 REQUESTING THE GOVERNOR DECLARE A STATE OF EMERGENCY; AND CONFIRM THE NEED TO CONTINUE THE PROCLAMATION OF A LOCAL EMERGENCY. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 336 September 26, 2000 September 26, 2000 RECESS: RECONVENE: 9:55 A.M. 10:07 A.M. SUPERVISOR HOUX NOT PRESENT 00-308 Items removed from the Consent Agenda for Board consideration and action. (1545) 1. United States Department of Justice/United States Department of Treasury - Federal Equitable Sharing Agreement - Board approval is requested by the Sheriff's Office to enter into a Federal Equitable Sharing Agreement with the United States Departments of Justice and Treasury. The agreement provides for Butte County to receive a share of the asset forfeitures from federal cases when the County has assisted in the case - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN AGREEMENT AND CERTIFICATION REPORT. (Contract No. R40258 ) SUPERVISOR HOUX PRESENT NO ACTION TAKEN, ITEM DIES FOR LACK OF MOTION. 00-309 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (1715)(NONE) 00-310 CLOSED SESSION: THE BOARD RECESSED AT 10:14 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) OROZCO V. COUNTY OF BUTTE. (1760) RECONVENED: THE BOARD RECONVENED AT 10:28 A.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) OROZCO V. COUNTY OF BUTTE. (1788)(NO ANNOUNCEMENTS) 00-311 Public Comment (PRESENTATIONS WILL BE LIMITED TO FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW FROM TAKING ACTION ON ANY ITEM NOT LISTED ON THE AGENDA.) (1799)(**00) 1. NICHOLAS MONTE ADDRESSED THE BOARD OBJECTING TO THE COMPOSITION OF THE CURRENT AGRICULTURAL ELEMENT PLAN WORKING GROUP, AND REQUESTING A MORE DIVERSE GROUP BE SELECTED. Page 337 September 26, 2000 September 26, 2000 00-311 2. BILL WILSON ADDRESSED THE BOARD OBJECTING TO THE LACK OF PUBLIC INPUT INCLUDED IN THE AGRICULTURAL ELEMENT PLAN RECORDS, AND THE CURRENT AGRICULTURAL ELEMENT PROCESS. Public Hearincrs and Timed Items 00-312 Public Hearing - Abandonment of a Public Right-of-way - the Public works Department has received a petition to abandon a public right-of-way (a ten-foot strip of right-of-way on Feather Avenue, lOt'' Street and 12t'' Street) The Public works Department has determined that the proposed abandonment will not affect future road improvement projects, and recommends that the requested ten-foot right-of-way be abandoned with a reservation for all utilities. On April 28, 2000, the Butte County Planning Commission found the proposed abandonment was in conformance with the Butte County General Plan - action requested - ADOPT A RESOLUTION ABANDONING THE TEN-FOOT STRIP OF RIGHT-OF-WAY ON FEATHER AVENUE, 10TH STREET AND 12TH STREET AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF THE RESOLUTION. (FROM 8-22-00 [3.03]) (**217) PUBLIC HEARING OPENED: 11:06 A.M. PUBLIC HEARING CLOSED: 11:06 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 00-126 ABANDONING THE TEN-FOOT STRIP OF RIGHT-OF-WAY ON FEATHER AVENUE, 10TH STREET AND 12TH STREET AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT RECORDING OF THE RESOLUTION. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-313 Timed Item - Consideration of an Appeal - the Butte County Professional Peace Officers' Association filed a recognition petition and request for modification to the existing General and Management Units, and for the formation of a new bargaining unit (s) for Probation Officers. The Employee Relations Officer has denied that petition, and the Butte County Professional Peace Officers' Association has filed an appeal of that determination pursuant to Personnel Rule 10.9 - action requested - OPEN HEARING FOR PUBLIC COMMENT AND SUBMISSION OF TESTIMONY AND OTHER EVIDENCE, AND CONTINUE HEARING FOR CONCLUSION AND FINAL DETERMINATION BY BOARD. HEARING CONVENED AT 11:09 A.M. AND ITEM CONTINUED TO THE FIRST BOARD MEETING IN DECEMBER. Page 338 September 26, 2000 September 26, 2000 00-314 CLOSED SESSION: THE BOARD RECESSED AT 11:10 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES; PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-BEHAVIORAL HEALTH; AND PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PERSONNEL. (**363) RECONVENE: THE BOARD RECONVENED AT 12:19 P.M. FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) TWO POTENTIAL CASES; PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-BEHAVIORAL HEALTH; AND PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR-PERSONNEL. ANNOUNCEMENT IN RESPONSE TO THE CLOSED SESSION ITEM REGARDING A PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: DIRECTOR OF BEHAVIORAL HEALTH. THE CHIEF ADMINISTRATIVE OFFICER HAS RECOMMENDED THE APPOINTMENT OF GINGER IVERSON, ASSISTANT DIRECTOR OF BEHAVIORAL HEALTH, AS THE INTERIM DIRECTOR OF BEHAVIORAL HEALTH FOR THE PERIOD OF OCTOBER 6, 2000, THROUGH NOVEMBER 1, 2000. MOTION: I MOVE TO APPOINT GINGER IVERSON, INTERIM DIRECTOR OF BEHAVIORAL HEALTH, FOR THE PERIOD OF OCTOBER 6, 2000, THROUGH NOVEMBER 1, 2000, IN ACCORDANCE WITH THE PERSONNEL RULES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Communications 00-315 Communications received and referred. (A LISTING AND COPIES OF COMMUNICATIONS RECEIVED BY THE BOARD IN ADDITION TO THOSE LISTED BELOW ARE AVAILABLE IN THE CLERK OF THE BOARD' S OFFICE . ) 1. Jeff and Lisa Gonzales of Chico, submit to the Board a copy of a letter sent to the Sheriff-Coroner commending the Sheriff's Office on its excellent response to a recent incident at their home, and recognizing Deputies Mike Lydon and Steve Boyd, and Dispatcher Allison Bass, on their assistance and professionalism during the episode. (REFER TO SHERIFF-CORONER AND CHIEF ADMINISTRATIVE OFFICER) Page 339 September 26, 2000 September 26, 2000 ADJOURNMENT: there being no further business before the Board, the meeting was adjourned at 12:21 p . m. to reconvene at a regular meeting of the Board on Tuesday, October 10, 2000, at 9:00 a.m. JANE DOLAN, CHAIR ATTEST: John S. Blacklock, Chief Administrative Officer and Clerk of the Board of Supervisors By. Page 340 September 26, 2000