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HomeMy WebLinkAboutM100901BOARD OF SUPERVISORS MINUTES October 9, 2001 R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District KIM YAMAGUCHI, 5th District Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. Supervisor present: Beeler, Dolan, Houx, Yamaguchi, and Chair Josiassen. Also present: Starlyn S. Brown, Assistant 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 - Ron Summers, Representative, Grace Community Church, Chico. 01-314 Items removed from the Consent Agenda for Board consideration or action. 1. Denise Cangiano - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Denise Cangiano for the provision of specialty mental health services within the requirements of Phase II Medi-Cal Speciality Mental Health Consolidation. The agreement is effective July 1, 2001, and will remain in effect until terminated by the County or contractor. There is no maximum amount payable under the agreement. Payment will be made based on services rendered - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Consent A ecr nda 01-315 1. Approval of Minutes - action requested - APPROVE MINUTES OF AUGUST 28, 2001; AUGUST 30, 2001; AND SEPTEMBER 11, 2001. Page 433 October 9, 2001 October 9, 2001 O1-315 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-078 (SHERIFF'S OFFICE); B-079 (SHERIFF'S OFFICE); B-076 (FIRE); AND B-085 (FISCAL YEAR 2001-2002 FINAL BUDGET ADJUSTMENTS). All budget transfers listed above, with the exception of B-076, require a 4/5 vote. 3. Library Donations - in accordance with Government Code Section 25355, donations in the amount of $2,560 from the Chico Friends of the Library, $1,867 from the Oroville Friends of the Library, $984 from the Paradise Friends of the Library, $250 from the Chico Area Flyfishers, and $100 from the Bluestockings Book Club have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 4. western Canal water District - Appointments in Lieu of Election - pursuant to Elections Code Section 10515, the western Canal water District is requesting the Board appoint Lance Tennis and Milton LaMalfa, Trustees, to terms to end December 2, 2005. The district has certified that the number of persons who filed a Declaration of Candidacy did not exceed the number of offices to be filled - action requested - APPOINT LANCE TENNIS AND MILTON LAMALFA, TRUSTEES, TO TERMS TO END DECEMBER 2, 2005. 5. Paradise Memorial Hall Committee - action requested - APPOINT PAUL H. HARMON, DELEGATE, AND PETER E. CARNUTE, ALTERNATE, AMERICAN LEGION POST 259 REPRESENTATIVES, TO VACATED TERMS TO END JUNE 30, 2002. 6. Department of Child Support Services - Laptop Computer Purchase - Board approval is requested by the Department of Child Support Services to purchase a laptop computer in the estimated amount of $2,649. The computer will be utilized by the department's Information Systems Analyst to provide remote and portable access to the department's computer systems. A budget transfer of department funds is also requested to provide funding for the purchase - action requested - APPROVE BUDGET TRANSFER B-075 (4/5 vote required); AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 7. Southside Oroville Community Center - Contract Change Order (CCO) No. 4 - CCO No. 4, in the increasing amount of $25,886.93 (project funds), provides for equipment, materials and labor to install the gas line, telephone, and electrical conduit from the supply point on Lower Wyandotte Avenue to terminal locations at the rear of the building - action requested - APPROVE CCO NO. 4 AND AUTHORIZE THE CHAIR TO SIGN. Page 434 October 9, 2001 October 9, 2001 O1-315 8. Monthly Investment Report - the Treasurer-Tax Collector submits the August 31, 2001, report in accordance with the Butte County Statement of Investment Policy dated July 1, 2001 - action requested - ACCEPT FOR INFORMATION. 9. United States Department of Justice/United States Department of the Treasury - Federal Annual Certification Report - pursuant to Federal requirements, the Sheriff's Office submits the Federal Annual Certification Report which provides a summary of the equitable sharing activity for the Sheriff's Office Asset Seizure Trust Fund - action requested - APPROVE REPORT AND AUTHORIZE THE CHAIR AND THE SHERIFF-CORONER TO SIGN. 10. Projects for Assistance in Transition from Homelessness (PATH) - Board approval is requested by the Butte County Department of Behavioral Health to accept and appropriate $15,088 in additional revenue received from the State of California-Department of Mental Health for the State fiscal year 2001-2002 PATH program - action requested - ADOPT RESOLUTION O1-110 ACCEPTING FUNDS AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-082 (4 /5 vote required) ACCEPTING AND APPROPRIATING THE UNANTICIPATED REVENUE. 11. Transfer of Revolving Fund - Board approval is requested by the Department of Child Support Services for a resolution which would transfer the authority and ownership of a $5,000 revolving fund established for the prepayment of filing fees for certain civil actions, and for advancing the costs involved in levies on writs of Execution. The fund was initially operated under the District Attorney-Family Support Division, and the request for transfer is being made in response to the establishment of the Department of Child Support Services as a separate department - action requested - ADOPT RESOLUTION O1-111 AND AUTHORIZE THE CHAIR TO SIGN. 12. County Service Area (CSA) No. 176 - Pheasant Landing Estates, Unit No. 3 - Board approval is requested by the Public works Department for a resolution establishing the maximum service charges for CSA No. 176, Pheasant Landing Estates, Unit No. 3. On August 14, 2001, the Board held a protest hearing and ballot proceeding pursuant to the requirements of Proposition 218, noting that the service charges would be established following the formation of the CSA by the Local Agency Formation Commission. It is anticipated that the Local Agency Formation Commission will approve formation of the CSA on October 4, 2001 - action requested - ADOPT RESOLUTION O1-112 AND AUTHORIZE THE CHAIR TO SIGN. Page 435 October 9, 2001 October 9, 2001 O1-315 13. Adoption of a Salary Ordinance Amendment - the Local Agency Formation Commission (LAFCo) has requested the Department of Human Resources prepare a salary ordinance amendment which increases the annual salary for the LAFCo Executive Officer to $74,550 (an increase of $3,550), retroactive to July 7, 2001. Pursuant to the Memorandum of Understanding between the County and LAFCo, the Board must adopt a salary ordinance to implement the Commission's action - action requested - ADOPT ORDINANCE 3775 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-25-O1 [3.19] ) 14. Adoption of a Salary Ordinance Amendment - the Public works Department has requested the Department of Human Resources prepare a salary ordinance amendment which deletes one flexibly staffed position of Associate Civil Engineer/Associate Engineer/Assistant Engineer, and adds one flexibly staffed position of Associate Surveyor/Assistant Surveyor in response to a recommendation contained in the L.B. Hayhurst Public Works Study - action requested - ADOPT ORDINANCE 3776 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-25-O1 [3.20]) 15. Adoption of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which creates the position classification of Health Education Specialist III ($14.94 - $18.16), deletes 12 flexibly staffed positions of Health Education Specialist II/I, adds 12 flexibly staffed positions of Health Education Specialist III/II/I, and increases the salary range for the position of Supervising Health Education Specialist ($16.43 - $19.97). The changes are being made to provide staff promotional opportunities and assist in the progression of staff to supervisory positions. with the addition of the new job classification, the Supervising Health Education Specialist salary range was increased to retain the salary spread between supervisory and non- supervisory positions - action requested - ADOPT ORDINANCE 3777 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-25-O1 [3.21] ) 16. Introduction of a Salary Ordinance Amendment - the Probation Department has requested the Department of Human Resources prepare a salary ordinance amendment which extends the term of one flexibly staffed position of Probation Officer III/II/I, and one term 3/4-time flexibly staffed position of Office Assistant III/II/I to June 30, 2002. The positions support the Serious Habitual Offender Grant Program, and funding for the grant has been renewed through the end of the current fiscal year - action requested - WAIVE READING OF THE ORDINANCE. Page 436 October 9, 2001 October 9, 2001 O1-315 17. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which adds one half-time flexibly staffed position of Office Assistant III/II/I in support of the wellness to work program. The position will be fully funded by State funds - action requested - WAIVE READING OF THE ORDINANCE. 18. Introduction of a Salary Ordinance Amendment - the Public Health Department has requested the Department of Human Resources prepare a salary ordinance amendment which increases the salary of the position of Director of Health Education ($26.24 - $31.89), retroactive to July 8, 2000. The adjustment provides for the 4o cost of living allowance granted July 8, 2000, which was not applied to this position - action requested - WAIVE READING OF THE ORDINANCE. 19. Chico Branch Library - Extension of Hours - Board approval is requested by the Library for a resolution which would extend the hours of operation of the Chico Branch Library from 35 hours per week to 60 hours per week. The increase is a result of a funding agreement with the City of Chico - action requested - ADOPT RESOLUTION O1-113 AND AUTHORIZE THE CHAIR TO SIGN. 20. Resolution in Appreciation of District Attorney Chief Investigator Ed Szendrey upon His Retirement from the County of Butte - action requested - ADOPT RESOLUTION 01- 114 AND AUTHORIZE THE CHAIR TO SIGN. 21. Resolution in Support of Rural Telecommunications for Northern California - the Butte County Economic Development Corporation is requesting the Board adopt a resolution endorsing the formation of a telecommunications coalition, and supporting the efforts and needs of the coalition - action requested - ADOPT RESOLUTION O1-115 AND AUTHORIZE THE CHAIR TO SIGN. 22. Resolution Declaring October 15-16, 2001, as Healthy Aging Days in Butte County - action requested - ADOPT RESOLUTION O1-116 AND AUTHORIZE THE CHAIR TO SIGN. 23. Resolution to Access Summary Criminal History Information for Employment - Board approval is requested by the Department of Child Support Services for a resolution which will provide authorization to access summary criminal history information for employment, licensing, or certification purposes - action requested - ADOPT RESOLUTION O1-117 AND AUTHORIZE THE CHAIR TO SIGN. Page 437 October 9, 2001 October 9, 2001 O1-315 24. Resolution Honoring the Lao Veterans of America - Board approval is requested by Supervisor Beeler for a resolution honoring the Lao Veterans of America - action requested - ADOPT RESOLUTION O1-118 AND AUTHORIZE THE CHAIR TO SIGN. 25. Glenn Bruno - Board approval is requested by the Administrative Office for an amendment to the agreement with Glenn Bruno for the provision of architectural services for the Southside Oroville Community Center. The amendment increases the maximum amount payable by $14,140 (project funds) for the additional work required to add a tenant to the building - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11105) 26. State of California-Department of Alcohol and Drug Programs - Board approval is requested by the Butte County Department of Behavioral Health for a revenue agreement with the State of California-Department of Alcohol and Drug Programs for grant funds in the amount of $74,097 for a Comprehensive Drug Court Implementation Program. The funding for fiscal year 2001-2002 will be utilized to provide intensive Outpatient Treatment, Day Treatment, and increased Residential Treatment for adult participants, as well as program evaluation for Adult and Juvenile Drug Court programs. The term of the grant is December 29, 2000, through December 28, 2004, with a maximum amount payable to the County of $360,745 ($72,149 per fiscal year). Board approval is also requested for a resolution accepting the grant funding, and a budget transfer to accept and appropriate the unanticipated revenue - action requested - ADOPT RESOLUTION O1-119 AND AUTHORIZE THE CHAIR TO SIGN; APPROVE GRANT AWARD AGREEMENT AND AUTHORIZE THE DIRECTOR OF BEHAVIORAL HEALTH TO SIGN; AND APPROVE BUDGET TRANSFER B-080 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 27. Crestwood Behavioral Health, Inc. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Crestwood Behavioral Health, Inc., for the provision of Institutions for Mental Disease (I.M.D.) Services and Enhancement Services. The amendment extends the term of the agreement through June 30, 2002, and increases the maximum amount payable to $512,769 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 438 October 9, 2001 October 9, 2001 01-315 28. Glenn County Health Services - Board approval is requested by the Butte County Department of Behavioral Health (BCDBH) for a revenue agreement with Glenn County Health Services for the provision of acute psychiatric inpatient care to Glenn County residents referred to the BCDBH Psychiatric Health Facility. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable to the County of $80,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. R40338) 29. North Valley Parent Education Network - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with the North Valley Parent Education Network for the provision of case management, assessment, individual, group, and family therapy, rehabilitation, and crisis intervention services to Medi- cal eligible children from Butte County who meet the criteria of medical necessity. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $326,832 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13233) 30. Sacramento Valley Family Services, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Sacramento Valley Family Services, Inc., for the provision of state-mandated therapeutic behavioral services. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $790,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 31. Sacramento Valley Family Services, Inc. - Project Reality - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Sacramento Valley Family Services, Inc., for the provision of drug and alcohol prevention services to youth clients in support of the Project Reality program. The term of the agreement is September 1, 2001, through June 30, 2002, with a maximum amount payable of $68,349 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 439 October 9, 2001 October 9, 2001 O1-315 32. Butte County Probation Department - Memorandum of Understanding (MOU) - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the MOU with the Butte County Probation Department for the provision of drug testing services in support of the Drug Court Program. The amendment expands the target population to include all participants of the Adult Drug Court Program, clarifies the duties and responsibilities of Probation and Behavioral Health, extends the term through June 30, 2002, and increases the maximum amount payable to $38,340 (department budget) for fiscal year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X10941) 33. Cabs 4 Kids - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the agreement with Cabs 4 Kids for the provision of transportation services to CalwORKs participants. The amendment increases the maximum amount payable by $12,000 (department budget) for fiscal year 2001-2002, as a result of an increased need for services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X12035) 34. Regents of the University of California-Davis - Board approval is requested by the Department of Employment and Social Services for an agreement with the Regents of the University of California-Davis for the provision of Eligibility Services Training. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $43,500 (university's in-kind contribution $6,525/department budget $36,975) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13181) 35. Regents of the University of California-Davis - Board approval is requested by the Department of Employment and Social Services for an agreement with the Regents of the University of California-Davis for the provision of Employment Services Training. The term of the agreement is July 1, 2001, through June 30, 2002, with a maximum amount payable of $34,800 (university's in-kind contribution $5,220/department budget $29,580) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13179) Page 440 October 9, 2001 October 9, 2001 01-315 36. Catalyst Domestic Violence Services - Board approval is requested by the Department of Employment and Social Services for an agreement with Catalyst Domestic Violence Services for the provision of a Domestic Violence Response Team. The term of the agreement is October 1, 2001, through June 30, 2003, with a maximum amount payable of $244,230 for the multi-year term. Funding for the agreement is available utilizing CalwORKs State Performance Incentive Funds, and Board approval is requested for a budget transfer to appropriate the funds needed for fiscal year 2001-2002 - action requested - APPROVE BUDGET TRANSFER B-074; AND APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13220) 37. Butte County Department of Public Health - Memorandum of Understanding (MOU) - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the MOU with the Public Health Department for the provision of public health nursing services in support of the Alternative Response Public Health Nurse Program. The amendment clarifies terms within the MOU, and increases the maximum amount payable by $80,000 (department budget) for fiscal year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11801) 38. Butte County Department of Behavioral Health - Memorandum of Understanding (MOU) - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the MOU with the Butte County Department of Behavioral Health for the provision of substance abuse and mental health treatment services to CalwORKs participants. The amendment extends the term of the agreement through June 30, 2002, and increases the maximum amount payable by $1,236,408 (department budget) for fiscal year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10903) Page 441 October 9, 2001 October 9, 2001 O1-315 39. Crime Prevention Act of 2000 - Board approval is requested by the Probation Department to approve the following agreements with various agencies for the provision of services in support of the Juvenile Justice Coordinating Council's Comprehensive Multi-agency Juvenile Justice Plan. The plan called for proposals from community based organizations to provide selected services to reduce alcohol and drug abuse. The Schiff- Cardenas Crime Prevention Act of 2000 made a per capita funding distribution of funds to California counties. Butte County's share is $720,838 for fiscal year 2001-2002, and Board approval is also requested for a budget transfer to accept and appropriate the funds to provide the funding for the following agreements. All agreements are for the term of July 1, 2001, through June 30, 2002: A. Boys and Girls Club of the North Valley - for the provision of after school and weekend teen services. The maximum amount payable is $235,074. (Contract No. X13234); B. Feather River Tribal Health, Inc. - for the provision of alcohol and drug counseling for Native Americans. The maximum amount payable is $34,000. (Contract No. X13237); C. North Valley Parent Education Network - for the provision of a program entitled, "Empowering Parents and Children Together", designed for single parent families. The maximum amount payable is $240,000. (Contract No. X13238); D. Paradise Unified School District - for the provision of three drug alternative programs which address student use of drugs, alcohol and tobacco. The maximum amount payable is $58,500. (Contract No. X13235); and E. Gary Bess Associates - for the provision of an evaluation of the community based organizations as required by the State Board of Corrections. The maximum amount payable is $52,083. (Contract No. X13236). The plan also approved $3,604 for Probation Department expenses. An additional agreement with the Butte County Juvenile Drug Court will follow on a subsequent agenda - action requested - APPROVE BUDGET TRANSFER B-077 ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. Page 442 October 9, 2001 October 9, 2001 01-315 40. Input Systems, Incorporated - Board approval is requested by the Public Health Department for an agreement with Input Systems, Incorporated for the provision of software maintenance services for the Environmental Health Division's Statewide Environmental Evaluation Program System (SWEEPS). The data system is the mechanism for the collection of workload data and billing justification information. The term of the agreement is July 1, 2001, through June 30, 2006, with a maximum amount payable for fiscal year 2001-2002 of $20,236.92 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13191) 41. waste Recovery west, Inc. - Amendment - Board approval is requested by the Public works Department for an amendment to the agreement with waste Recovery west, Inc., for removal and recycling services for waste tires stockpiled at the Neal Road Landfill. The amendment extends the term of the agreement through September 30, 2002, and increases the maximum amount payable by $20,000 (department budget/Heal Road Landfill Management Fund) for the contract year 2001-2002 - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X11408) 42. waiver of Fees - Fire Victims - pursuant to Butte County Code Section 3-40.5, Board approval is requested by the Development Services Department to waive all fees associated with reconstruction activities (done in compliance with Butte County Code) for damages sustained in the Yankee Hill/ Concow area fire - action requested - FIND THE WAIVER OF FEES IS IN THE PUBLIC INTEREST, AND WAIVE ALL FEES FOR RECONSTRUCTION ACTIVITIES RELATED TO DAMAGES FROM THE FIRE. 43. Advance Step Hire - pursuant to Personnel Rules Section 11.5B, the Sheriff's Office has requested the Department of Human Resources prepare an agenda item requesting Board approval of the advance step hire of a Correctional Officer candidate to Step 2 of the salary ordinance based on experience and training - action requested - APPROVE ADVANCE STEP HIRE OF A CORRECTIONAL OFFICER CANDIDATE TO STEP 2 OF THE SALARY RANGE. Page 443 October 9, 2001 October 9, 2001 01-315 44. Board Calendar Modification - Board approval is requested by the Administrative Office to alter the meeting dates for the months of November and December 2001. The Administrative Office is proposing the Board change the meeting dates in November from November 13 and 27, to November 6 and 20 (from the second and fourth Tuesday to the first and third Tuesday). The recommendation is being made in response to a request by the California State Association of Counties (CSAC) to alter the meeting schedule to allow for the commencement of the CSAC Annual Meeting on Tuesday, November 27. Board approval is also requested to set a second meeting in December for Tuesday, December 18. The current Board calendar sets December 11 as the only meeting in December, as the fourth Tuesday falls on December 25 - action requested - APPROVE MEETING CALENDAR MODIFICATION; CHANGING THE MEETING DATES IN NOVEMBER TO TUESDAY, NOVEMBER 6, AND TUESDAY, NOVEMBER 20, AND ADDING A MEETING TO THE DECEMBER CALENDAR ON TUESDAY, DECEMBER 18, 2001. 45. 2002 Board of Supervisors Meeting Dates Calendar - consideration of the meeting dates calendar for 2002, including alterations of meeting dates based on holidays - action requested - ADOPT CALENDAR AND DIRECT DISTRIBUTION TO COUNTY DEPARTMENTS. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF ITEMS 3.27, AND THE ACTION REQUESTED ON ITEM 3.26 AMENDED TO READ, "ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE GRANT AWARD AGREEMENT AND AUTHORIZE THE DIRECTOR OF BEHAVIORAL HEALTH TO SIGN..." (90) M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda PRESENTATION OF A RESOLUTION BY CHAIR JOSIASSEN TO ED SZENDRY UPON HIS RETIREMENT FROM THE COUNTY OF BUTTE. (135) PRESENTATION OF A RESOLTUION HONORING LAO VETERANS OF AMERICA BY CHAIR JOSIASSEN TO CHA PHIA CHUE, PRESIDENT, AND THAI VANG, EXECUTIVE DIRECTOR, LAO VETERANS OF AMERICA, INC., OF NORTHERN CALIFORNIA. (426) O1-316 Appointments - Boards, Commissions, and Committees. (644) 1. Appointments to listed vacancies. (NONE) Page 444 October 9, 2001 October 9, 2001 O1-317 Update on legislative and budget activities. (659) STARLYN S. BROWN, ASSISTANT CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT THE GOVERNOR HAS UNTIL OCTOBER 14 TO SIGN BILLS FOR THIS LEGISLATIVE SESSION. THE STATE IS PROJECTING A DEFICIT IN THE AMOUNT OF $5 BILLION. THE DEFICIT AMOUNT IS BASED ON BOND SALES, AND SHOULD THE BOND SALES NOT BE AS SUCCESSFUL AS PROJECTED, THE DEFICIT COULD GO AS HIGH AS $12-$14 BILLION. THE STATE HAS DIRECTED THIER DEPARTMENTS TO PREPARE BUDGETS WITH A loo REDUCTION. THE BOARD WAS INFORMED THAT THE CALIFORNIA STATE ASSOCIATION OF COUNTIES HAS CREATED A TASK FORCE TO ENSURE THAT COUNTIES' INTERESTS ARE HEARD DURING ANY ACTIONS TAKEN AS A RESULT OF A STATE BUDGET DEFICIT. O1-318 Lime Saddle Trust Fund - consideration of a modification to Conclusion and Recommendation #2 of Section 1 of the Paradise Ridge Memorandum of Understanding Summary Status Report (May 31, 2001). The proposed modification would authorize the use of the Lime Saddle Community Services District's Trust Fund for an engineering evaluation of the use of the Miocene and Hendrix Canals to provide potential water supply to the Magalia area - action requested - THE BUTTE COUNTY WATER COMMISSION RECOMMENDS THE BOARD: I. APPROVE THE MODIFICATION OF CONCLUSION #2 TO READ, "THE LIME SADDLE TRUST FUND SHOULD NOT BE USED FOR EXPENSIVE FEASIBILITY STUDIES, BUT COULD BE USED FOR LOW-COST RECONNAISSANCE STUDIES THAT HELP ANALYZE RIDGE WATER ISSUES."; II. APPROVE THE MODIFICATION OF RECOMMENDATION #2 TO READ, "USE THE LIME SADDLE TRUST FUND TO DEFRAY SOME OF THE COSTS FOR RIDGE INFRASTRUCTURE REDUCE COSTS TO RATE PAYERS, OR FUND LOW-COST PROFESSIONAL EVALUATIONS OF PROPOSALS TO ANALYZE RIDGE WATER ISSUES."; AND III. AUTHORIZE UP TO $10,000 OF THE LIME SADDLE COMMUNITY SERVICES DISTRICT'S TRUST FUND TO PAY PRELIMINARY ENGINEERING EVALUATIONS OF THE HENDRIX AND MIOCENE CANAL OPTIONS. (842) MOTION: I MOVE TO APPROVE THE MODIFICATION OF CONCLUSION #2 TO READ, "THE LIME SADDLE TRUST FUND SHOULD NOT BE USED FOR EXPENSIVE FEASIBILITY STUDIES, BUT COULD BE USED FOR LOW-COST RECONNAISSANCE STUDIES THAT HELP ANALYZE RIDGE WATER ISSUES."; APPROVE THE MODIFICATION OF RECOMMENDATION #2 TO READ, "USE THE LIME SADDLE TRUST FUND TO DEFRAY SOME OF THE COSTS FOR RIDGE INFRASTRUCTURE REDUCE COSTS TO RATE PAYERS, OR FUND LOW-COST PROFESSIONAL EVALUATIONS OF PROPOSALS TO ANALYZE RIDGE WATER ISSUES."; AND AUTHORIZE UP TO $10,000 OF THE LIME SADDLE COMMUNITY SERVICES DISTRICT'S TRUST FUND TO PAY PRELIMINARY ENGINEERING EVALUATIONS OF THE HENDRIX AND MIOCENE CANAL OPTIONS. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 445 October 9, 2001 October 9, 2001 O1-319 Board Discussion - Consideration of the Addition of a Half-time Attorney to the District Attorney's Office - pursuant to Board direction of September 11, 2001, discussion of a request by the District Attorney to fund an additional half-time attorney position in support of therapeutic courts - action requested - BOARD DISCUSSION AND DIRECTION. (1398) MOTION: I MOVE TO APPROVE THE ADDITION OF A 1/4-TIME ATTORNEY TO THE DISTRICT ATTORNEY'S OFFICE. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) BOARD DIRECTION THAT A DISCUSSION REGARDING THE ADDITION OF STAFF TO THE PUBLIC DEFENDER OFFICE TO BE BROUGHT BACK ON THE NEXT AGENDA. RECESS: 10:31 A.M. RECONVENE: 10:41 A.M. Public Hearings and Timed Items O1-320 Public Hearing - Underground Utility District - consideration of the formation of an Underground Utility District on East Avenue from Cohasset Road to 400 feet easterly, in Chico. The hearing is to ascertain whether public necessity, health, safety, or welfare require the removal of poles, overhead wires, and facilities for supplying electric, communications, or similar or associated services in the district described above - action requested - ADOPT RESOLUTION ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 14B-EAST AVENUE (FROM COHASSET ROAD TO 400 FEET EASTERLY, IN CHICO) AND AUTHORIZE THE CHAIR TO SIGN. (FROM 9-11-O1 [3.02]) (2696) PUBLIC HEARING OPENED: 10:42 A.M. PUBLIC HEARING CLOSED: 10:47 A.M. MOTION: I MOVE TO ADOPT RESOLUTION O1-120 ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 14B-EAST AVENUE (FROM COHASSET ROAD TO 400 FEET EASTERLY, IN CHICO) AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 446 October 9, 2001 October 9, 2001 O1-321 Continued Public Hearing - Butte County Department of Development Services - Rezone - consideration of a rezone to conform the zoning of the subject property to the General Plan, rezoning from A-5 (Agricultural - 5 acre parcels) and A-R (Agricultural Residential) to C-2 (General Commercial) three parcels totaling 4.9 acres that are developed with a 10 unit motel on 2.95 acres, a home on 1 acre, and 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 (File No. REZ O1-02 [CD]) - action requested - STAFF HAS PROVIDED THE BOARD WITH TWO ALTERNATIVES. BASED ON WHICH ALTERNATIVE THE BOARD SELECTS, STAFF RECOMMENDS THE BOARD TAKE THE FOLLOWING ACTIONS: A. SETBACK ALTERNATIVE 1. 1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF MEMORANDUM DATED OCTOBER 9, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; 2. FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR THE UNITED STATES WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR, CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; AND 3. SUBJECT TO FINDINGS III (A AND B) AS DETAILED IN THE STAFF MEMORANDUM DATED OCTOBER 9, 2001, ADOPT THREE ORDINANCES REZONING APN 042-100-002 OWNED BY JOHN HOFFMAN AND TERRI LYNN EGGLESTON, FROM A-R (AGRICULTURAL RESIDENTIAL) CONTAINING 0.95 ACRES MORE OR LESS; APN 042-100-003 OWNED BY ELMER L. AND DORIS L. CRAWFORD, TRUSTEES, FROM A-5 (AGRICULTURAL - 5 ACRE PARCELS) CONTAINING 1.0 ACRE MORE OR LESS; AND APN 042-100-004 OWNED BY THE ESTATE OF LOTFALLAH HALIMI, FROM A-5 (AGRICULTURE - 5 ACRE PARCELS) CONTAINING 2.95 ACRES MORE OR LESS, TO C-2 (GENERAL COMMERCIAL) TO CONFORM TO THE GENERAL PLAN, TOTALING 4.9 ACRES, EACH WITH A RESPECTIVE CONDITIONAL ZONING AGREEMENT ATTACHED TO THEIR RESPECTIVE ZONING ORDINANCE AS EXHIBIT "A" AND AUTHORIZE THE CHAIR TO SIGN; OR Page 447 October 9, 2001 October 9, 2001 O1-321 B. SETBACK ALTERNATIVE 2. 1. SUBJECT TO FINDINGS I(A-E) AS DETAILED IN THE STAFF MEMORANDUM DATED OCTOBER 9, 2001, ADOPT A MITIGATED NEGATIVE DECLARATION REGARDING ENVIRONMENTAL IMPACTS; FIND THAT THE DESIGN OF THE PROPOSED PROJECT IMPROVEMENTS WILL NOT CAUSE ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A "DE MINIMUS" EXEMPTION TO THE COLLECTION OF FEES PURSUANT TO FISH AND GAME CODE SECTION 711.4(d)(3) AND 14 CCR 753.5, AS THE PROJECT SITE IS NOT KNOWN TO CONTAIN ANY SPECIES IDENTIFIED AS A CANDIDATE, SENSITIVE, OR SPECIAL STATUS SPECIES IN LOCAL OR REGIONAL PLANS, POLICIES, OR REGULATIONS, OR BY THE CALIFORNIA DEPARTMENT OF FISH AND GAME OR THE UNITED STATES WILDLIFE SERVICE. THE PROJECT WILL NOT: HAVE A SUBSTANTIAL ADVERSE EFFECT ON ANY RIPARIAN HABITAT; HAVE A SUBSTANTIAL ADVERSE EFFECT ON FEDERALLY PROTECTED WETLANDS AS DEFINED BY SECTION 404 OF THE CLEAN WATER ACT; INTERFERE SUBSTANTIALLY WITH THE MOVEMENT OF ANY NATIVE RESIDENT OR MIGRATORY FISH OR WILDLIFE SPECIES; CONFLICT WITH ANY LOCAL POLICIES OR ORDINANCES PROTECTING BIOLOGICAL RESOURCES; OR, CONFLICT WITH THE PROVISIONS OF AN ADOPTED HABITAT CONSERVATION PLAN; AND SUBJECT TO FINDINGS III(A AND B)AS DETAILED IN THE STAFF MEMORANDUM DATED OCTOBER 9, 2001, ADOPT THREE ORDINANCES REZONING APN 042-100-002 OWNED BY JOHN HOFFMAN AND TERRI LYNN EGGLESTON, FROM A-R (AGRICULTURAL RESIDENTIAL) CONTAINING 0.95 ACRES MORE OR LESS; APN 042-100-003 OWNED BY ELMER L. AND DORIS L. CRAWFORD, TRUSTEES, FROM A-5 (AGRICULTURAL - 5 ACRE PARCELS) CONTAINING 1.0 ACRE MORE OR LESS; AND APN 042-100-004 OWNED BY THE ESTATE OF LOTFALLAH HALIMI, FROM A-5 (AGRICULTURE - 5 ACRE PARCELS) CONTAINING 2.95 ACRES MORE OR LESS, TO C-2 (GENERAL COMMERCIAL) TO CONFORM TO THE GENERAL PLAN, TOTALING 4.9 ACRES, EACH WITH A RESPECTIVE CONDITIONAL ZONING AGREEMENT ATTACHED TO THEIR RESPECTIVE ZONING ORDINANCE AS EXHIBIT "A" AND AUTHORIZE THE CHAIR TO SIGN. (2960) (**00) PUBLIC HEARING RECONVENED AT 10:49 A.M. PUBLIC HEARING CLOSED: 11:22 A.M. MOTION: I MOVE TO COMMISSIONER) THE PROPERTY OBTAIN A SOLU' S VOTE: l Y 2 Y 3 Y 4 DIRECT STAFF (INCLUDING THE AGRICULTURAL TO DISCUSS THE AGRICULTURAL SETBACK OPTIONS WITH OWNERS INVOLVED IN THE PROJECT TO ATTEMPT TO PION THAT WOULD BE SUITABLE TO ALL PARTIES. M Y 5 Y (Unanimously Carried) Page 448 October 9, 2001 October 9, 2001 O1-322 Items removed from the Consent Agenda for Board consideration and action. (**775) 1. Denise Cangiano - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Denise Cangiano for the provision of specialty mental health services within the requirements of Phase II Medi-Cal Speciality Mental Health Consolidation. The agreement is effective July 1, 2001, and will remain in effect until terminated by the County or contractor. There is no maximum amount payable under the agreement. Payment will be made based on services rendered - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. MOTION: I MOVE TO APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) O1-323 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.) (**996) (NONE) Page 449 October 9, 2001 October 9, 2001 O1-324 Timed Recess - Timed Recess to Closed Session. CLOSED SESSION: THE BOARD RECESSED AT 11:31 A.M. TO A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) IELATI VS. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 120574) AND LAMBERT VS. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 125328). CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY; EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA (SOCIAL SERVICES WORKERS' UNIT); BUTTE COUNTY PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY SHERIFFS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT). PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND/OR INTERIM CHIEF ADMINISTRATIVE OFFICER; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATION/APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: INTERIM DIRECTOR DEVELOPMENT SERVICES. (**1007) Page 450 October 9, 2001 October 9, 2001 O1-324 RECONVENE: THE BOARD RECONVENED AT FROM A CLOSED SESSION CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (a) IELATI VS. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 120574) AND LAMBERT VS. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT CASE NO. 125328). CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. CONFERENCE WITH LABOR NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54957.6: AGENCY NEGOTIATORS: JEANNE GRAVETTE AND WILLIAM AVERY; EMPLOYEE ORGANIZATIONS: BUTTE COUNTY EMPLOYEES ASSOCIATION (GENERAL UNIT); BUTTE COUNTY MANAGEMENT EMPLOYEES ASSOCIATION (MANAGEMENT, CONFIDENTIAL AND SUPERVISORY UNIT); COMMUNICATION WORKERS OF AMERICA (SOCIAL SERVICES WORKERS' UNIT); BUTTE COUNTY PROFESSIONAL EMPLOYEES UNIT; BUTTE COUNTY DEPUTY SHERIFFS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT); AND BUTTE COUNTY CORRECTIONAL OFFICERS' ASSOCIATION (GENERAL AND MANAGEMENT/SUPERVISORY UNIT). PUBLIC EMPLOYEE EMPLOYMENT/APPOINTMENT/RECRUITMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: CHIEF ADMINISTRATIVE OFFICER AND/OR INTERIM CHIEF ADMINISTRATIVE OFFICER; AND PUBLIC EMPLOYEE PERFORMANCE EVALUATION/APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957: INTERIM DIRECTOR DEVELOPMENT SERVICES. (**1065) (CHAIR JOSIASSEN NOT PRESENT) ANNOUNCEMENT FROM CLOSED SESSION: THE BOARD HAS VOTED TO HIRE LAWRENCE ODLE TO ACT AS THE CHIEF ADMINISTRATIVE OFFICER ON AN INTERIM BASIS FOR FOUR MONTHS. THE VOTE WAS 3 TO 2. VOTING IN FAVOR WERE CHAIR JOSIASSEN, SUPERVISOR BEELER AND SUPERVISOR YAMAGUCHI. VOTING AGAINST WERE SUPERVISOR DOLAN AND SUPERVISOR HOUX. THE OFFER IS CONTINGENT UPON MR. ODLE OBTAINING A LEAVE OF ABSENCE FROM HIS DUTIES AS THE DIRECTOR OF THE AIR QUALITY MANAGEMENT DISTRICT. THE BOARD ALSO VOTED TO EXTEND THE CONTRACT FOR TOM BUFORD AS INTERIM DIRECTOR-DEVELOPMENT SERVICES THROUGH THE END OF THIS YEAR ON THE SAME TERMS AND CONDITIONS AS HIS PREVIOUS CONTRACT. THAT VOTE WAS UNANIMOUS. Page 451 October 9, 2001 October 9, 2001 Regular Agenda O1-325 Employment Contract - Amendment - Interim Director Development Services - consideration of an amendment to the employment contract for the Interim Director Development Services. The Board will consider extending the term of the agreement and the maximum amount payable - action requested - APPROVE AMENDMENT, WITH TERMS AS DETERMINED BY THE BOARD, AND AUTHORIZE THE CHAIR TO SIGN. (**1134) MOTION: I MOVE TO APPROVE THE CONTRACT AMENDMENT THROUGH THE END OF THE YEAR, WITH ALL OTHER TERMS AND CONDITIONS TO REMAIN THE SAME. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Communications O1-326 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. Memorandum from Sean Farrell, Deputy Administrative Officer, providing the Board with an update on the nuisance abatement program. ADJOURNMENT: THERE BEING NO FURTHER BUSINESS BEFORE THE BOARD, THE MEETING WAS ADJOURNED AT 1:46 P.M. TO RECONVENE AT A REGULAR MEETING OF THE BOARD TO BE HELD TUESDAY, OCTOBER 23, 2001, AT 9:00 A.M. CURT JOSIASSEN, CHAIR ATTEST: CLERK OF THE BOARD OF SUPERVISORS By. Page 452 October 9, 2001