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HomeMy WebLinkAboutSmall Agenda 072302AGENDA .•'`~ ~ u~~''•. ~1 ^! ^~ ~~ ^i -~w^^w~- July 23, 2002 R. J. Beeler Jane Dolan Supervisor, District 1 Supervisor, District 2 Mary Anne Houx Kim Yamaguchi Supervisor, District 3 Supervisor, District 5 Curt Josiassen Chair, District 4 Paul McIntosh, Chief Administrative Officer Welcome to a Butte County Board of Supervisors Meeting. We are pleased that you can attend a meeting of the Board. You are invited to take part in the discussion of matters before the Board. The following information will help you understand the procedures the Board will follow and how you can participate. THE BOARD OF SUPERVISORS. The County Board of Supervisors is seated at the dais in the front of the Board chambers. The Chair of the Board is seated at the center and presides over the meeting. Supervisors' names are on the plates in front of them. County staff is seated at tables facing the Board. The Clerk is seated on the side of the dais. MEETINGS. The Board regularly meets two Tuesdays a month. These are normally held on the 2nd and 4th Tuesday. Meetings normally begin at 9:00 a.m. The Board may schedule and notice such additional meetings as are necessary. Unless announced otherwise by the Board Chair, meetings will adj ourn for a lunch recess at noon. The Board will reconvene at 1:30 p.m., or as otherwise scheduled. The Board does not meet on Tuesdays thatfollow Monday holidays. On these occasions, the Board will meet on an alternate Tuesday. An annual meeting schedule is adopted in December of each year, and is available in the Administrative Office or on line at www.buttecounty.net/cob. AGENDAS. The agenda for every meeting of the Board is posted in front of the County Administration Building, at least 72 hours before each meeting. Copies can be obtained by mail before the meeting by requesting such of the Administrative Office or on line. The agenda is usually organized into the following areas and meetings generally proceed in the following order: 1. Consent Agenda: These are routine items usually handled by one motion and vote of the Board. If you wish to discuss one of the matters, please follow the procedure outlined below under Public Participation. Items removed from the Consent Agenda for discussion will generally be considered at the end of the Regular Agenda. The public is encouraged to consult with staff for clarification and explanation of Consent Agenda items to reduce delays during Board meetings. 2. Regular Agenda: These are items requiring discussion by the Board. They are usually taken individually in numerical order. Regular Agenda items may be heard between Timed Items and Public Hearing items. 3. Public Hearings and Timed Items: Items on this portion of the agenda are heard at the scheduled time. This is where most land use items are listed. 4. Other Items: Occasionally, the Board will conduct hearings and take action on matters within another of their legislative capacity, e.g., the Butte County Public Facilities Financing Corporation. This is listed separately on the agenda. 5. Public Comment: This is the time members of the audience may address the Board on matters not listed on the agenda. Members of the Board may not engage in inter-Board discussion of items not listed on the agenda, but may briefly respond to statements made or questions posed. On their own initiative or in response to questions posed, Board members may ask questions for clarification, provide a reference to staff or other resources for factual information, or request staff to report back at a subsequent meeting. 6. Closed Session: The Board is authorized to meet in a closed session in certain circumstances. These circumstances typically include matters involving County personnel, pending and potential litigation and labor negotiations. When meeting in a closed session, the Board will adj ourn from the public meeting. Closed session meetings are held pursuant to the Ralph M. Brown Act, California's Open Meeting Law (Government Code Sections 54950, et seq.), where the Board is provided with statutory authority to meet with its attorneys, negotiators, and staff in a confidential setting. It is the policy of this Board that such discussions shall be kept confidential by all Board members and participants in the closed session meetings to the extent allowed by law. No Board member, attorney, negotiator, staff member or other participant shall disclose information discussed in any closed session meeting without the consent of a simple maj ority of the Board. Any unauthorized communication of matters discussed in closed session shall be prohibited. The Board is hereby given the authority to enforce this policy as allowed by law. At the conclusion of closed session, the Board shall report any action taken during closed session and the vote or abstention of every member present, subj ect to the provisions of Section 54957.1 of the Brown Act. An "*" appearing before an agenda item in the agenda signifies that material has been provided to the Board of Supervisors members to explain this item, and that a copy is available in the Administrative Office for review. Please do not remove the items from this file. A copy can be made for you at a charge to cover costs. PUBLIC PARTICIPATION AND CONDUCT OF MEETINGS. It is the policy of the Board of Supervisors, and a requirement of the California Open Meeting Law, to allow members of the public the opportunity to comment on all matters before the Board. Public participation is limited to matters within the subject matter jurisdiction of the Board pursuant to Government Code Section 54954.3. To facilitate this process the Board has established the following procedure: Public Participation Cards and Identification of Speakers: To assure yourself of the opportunity to speak, please complete a public participation comment card. These are available on a table to the rear of the Board room. Please hand your card to the Clerk of the Board who is seated to the left of the Board of Supervisors. Where possible, please submit your cards before the commencement of a meeting, or during a recess. When your name is called, please step up to the podium and state your name before speaking. While use of public participation cards is requested, participants will not be denied the opportunity to speak if a card has not been completed. 2. Decorum: The Board and staff shall make every attempt to preserve appropriate order and decorum during all meetings. Side conversations, disruptions, interruptions, and delaying efforts are to be avoided. While the public and members of the Board have the right to criticize County policies, procedures, programs and services, Board meetings are not the place for personal attacks or disruptive presentations. All participants shall refrain from name-calling and personal attacks on other participants. It is expected that the Chair of the Board will request, when necessary, that members of the Board and members of the public follow this protocol. Cell phones, pagers, and other similar wireless technology applications should be turned off or set so that the ringer is deactivated during Board meetings, unless emergency availability is required. 3. Time Limits: Each member of the public speaking on an Agenda Item, Public Hearing and Timed Item, or during Public Comment will be limited to a maximum of five minutes unless the time is waived by a maj ority of the Board as seated on any specific item. Speakers are strongly encouraged to avoid repetition. A speaker may not defer his or her time to other speakers. The Board Chair will encourage groups or organizations to select a spokesperson to speak on the group's behalf. These time limits do not apply to applicants appearing before the Board on behalf of their applications. The Chair will also encourage speakers to not repeat comments made by previous speakers, but rather, to indicate their agreement. Signs and clocks may be installed in the Board Chamber to carry out the intent of the time limits. 4. Regular and Consent Agenda Items: Any person may address the Board on any of these items. Often these items are announced by number only. 5. Public Hearings and Timed Items: At the time of these items the Chair will announce the public hearing or item as listed on the agenda and call for staff presentation to introduce the matter for discussion. The Chair will then declare the hearing open. 6. Continued Public Hearing: After a noticed public hearing has been held and the public comment portion concluded, discussion will be confined to the Board and staff. The public hearing will remain closed unless: A. A majority of the Board wishes to reopen the public hearing, or B. New evidence is presented which is pertinent to the subject of the public hearing, or C. There is a substantial change in the item under consideration. Any reopened public hearing will be duly noticed. If the public hearing is reopened for public comment, the scope of the reopened hearing may be limited as the Board directs. 7. Public Comment: At the end of the publicly noticed agenda, the Chair will recognize persons in the audience who wish to speak to the Board on any subject of interest to the public and within the subject matter jurisdiction of the Board. 8. Items Not Listed on the Agenda for Which Board Action is Requested: Pursuant to Government Code Section 54954.3 the Board of Supervisors is prohibited by state law from taking action on any item not listed for action on the agenda. Pursuant to Government Code Section 54954.2, exceptions to this can be made only if: A. A maj ority of the Board of Supervisors determines that an "emergency situation," as defined in Government Code Section 54956.5, exists. B. The Board of Supervisors determines by afour-fifths vote or by a unanimous vote if less than all of the Board is present, that the need to take action on the item arose after the agenda was posted. C. The item was included in a properly posted agenda for a prior meeting occurring not more than five days before the meeting at which the action is taken and was continued to the meeting at which the action is taken. 9. Written Material: Any member of the public or member of the Board who intends to present written materials to the Board should submit such written materials to the Clerk of the Board 14 days in advance of the meeting in order that copies may be included with the agenda and the Board has an opportunity to review the material in advance of the meeting. Any person providing written material at a meeting shall provide a copy to the Clerk of the Board for the record at the same time such material is presented to the Board. If written material is provided to the Board at a meeting, the Board may determine whether to continue the item to a subsequent meeting in order that it will have time to review the written material. The Board may also refuse to accept any untimely written material. 10. Voting: The Chair will call for voice votes on all agenda items unless a member of the Board requests a roll call vote. In the event that the results of a voice vote are not clear because it is not unanimous or there is an abstention, the Chair will call for a roll call vote and will announce the result of each vote (ayes, noes, abstentions) for the benefit of the audience and for the record. Board members may state their reason for abstaining. 11. Procedural Issues: A. The Chair of the Board shall preside over Board meetings, maintain orderly procedure in accordance with these rules and decide questions of procedure subject to appeal to the full Board. B. While the Chair's primary duties involve presiding over Board meetings, the Chair shall be entitled to vote on all matters before the Board, may participate in discussion relating to any matter, may make motions without relinquishing the chair if an issue has special significance to him or her, and may second any motion without relinquishing the chair. The Chair may only make or second a motion after other members have been afforded the opportunity to make or second any motion on the issue. C. Upon appeal or obj ection by any Board member to the procedural rulings of the Chair, the procedure to be followed is determined by majority vote of the Board. 12. Enforcement of Hearing Policies: The above hearing policies will be enforced and persons preventing the orderly conduct for County business maybe subject to the following: A. The Chair may request such persons to desist from such disorderly conduct and to leave the podium or leave the room; B. Upon a determination by a majority of the Board members present, the Chair may order such persons to desist from such conduct, to leave the podium or the room or to be removed from the room by a law enforcement officer. Government Code Section 54957.9, Penal Code Section 403. GETTING AN ITEM ON THE AGENDA FOR BOARD CONSIDERATION. Complete an agenda request form, which is available in the Administrative Office. Your request will be evaluated by the Chief Administrative Officer pursuant to Butte County Code Section 2-20.4(e) to determine if your request should be submitted to the Board, and to make recommendations tothe Board. Your request may appear on the next regular Board meeting agenda provided it is received by that agenda deadline, 14 days before the meeting. Any written material which you wish the Board to consider must be submitted at that time. The Board is committed to making its proceedings accessible to all citizens. Individuals with special needs may call 530- 538-7643 for assistance. All requests must be made 48 hours prior to the meeting. O'+4 ~~~~ P`L'~t'~+'~ Q" ~ O ~ O, t ~: AGENDA ~'~~~ ~°~~~ ;~i; e~A: ~* = ~~ itS~ ; ,~ +r +~ ~ 4,. • ++`'RrU..~+++ July 23, 2002 BOARD OF SUPERVISORS R.J. "BOB" BEELER,15T DISTRICT JANE DOLAN, 2ND DISTRICT MARY ANNE HOUX, 3RD DISTRICT CURT JOSIASSEN, 4T" DISTRICT KIM YAMAGUCHI, 5T" DISTRICT Time Item No. 9:00 A.m. 1.00 Call to Order - Board of Supervisors Room, County Administration Building, 25 County Center Drive, Oroville. 2.00 Pledge of Allegiance to the Flag of the United States of America. 2.01 Invocation - Father Benedict DeLeon, St. Thomas the Apostle Catholic Church, Oroville. 3.00 Consent Agenda Budget 3.01 * Budget Transfers - action requested - APPROVE BUDGET TRANSFER Transfers B-005 (SHERIFF'S OFFICE [4 /5 vote required]). Donations 3.02 * Library Donations - pursuant to Government Code Section 25355, donations of $2,283.50 from the Chico Friends of the Library and $300 from the Chico Area Flyfishers Inc., have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 3.03 * Sheriff's Team of Active Retired Seniors Donation - pursuant to Government Code Section 25355, a donation of a Sharp plain paper copier, valued at $1,200 has been received from William "Bud" Dilbeck, Owner, Bud's Copier Repair of Durham, for use by the Sheriff's Team of Active Retired Seniors (S.T.A.R.S.) at the Oroville Substation - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. Appoint- 3.04 * Kimshew Cemetery District - action requested - reappoint ments Marcia Avram and Doug Peirce, Trustees, to terms to end July 1, 2006. Fixed 3.05 * Conveyance of County Property - pursuant to Government Code Assets and Section 25365, the Auditor's Office is requesting Board Facilities approval to convey surplus desk-top computers (CPU units only) to Las Plumas High School. The Auditor's Office recently upgraded approximately 20 computers with new CPU units - action requested - AUTHORIZE CONVEYANCE OF COUNTY PROPERTY TO LAS PLUMAS HIGH SCHOOL. Time Item No. Audit and 3.06 * Reissue Time Expired Check - Board approval is requested by Finance the Administrative Office, on behalf of Robert R. woodman Revocable Living Trust, Robert R. and Martha M. woodman, Trustees, to reissue time expired check no. 1000-079540, issued August 31, 1999, in the amount of $107.00. The check was misplaced and recently located. The Auditor's Office has verified that the check has not been paid, and the original check has been returned to the County - action requested - DIRECT THE AUDITOR TO REISSUE TIME EXPIRED CHECK IN THE AMOUNT OF $107.00 TO ROBERT R, WOODMAN REVOCABLE LIVING TRUST, ROBERT R. AND MARTHA M. WOODMAN, TRUSTEES. Ordinances 3.07 * Resolution Accepting Terms and Conditions of a Local Law and Enforcement Block Grant - Board approval is requested by the Resolutions Probation Department and the District Attorney's Office for a resolution accepting the terms and conditions of a Local Law Enforcement Block Grant. On July 9, 2002, the Board approved the grant application. Subsequent to that approval, the Probation Department was notified that the Department of Justice/Bureau of Justice Assistance grant process requires the proposed resolution - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.08 * Resolution to Amend the Salary Ordinance - the Department of Human Resources has prepared a resolution to amend the salary ordinance as follows: PROBATION - deletes one flexibly staffed position of Probation Officer III/II/I and adds one flexibly staffed position of Information Systems Technician III/II/I. DISTRICT ATTORNEY-CHILD SUPPORT INVESTIGATIONS - deletes three and one-half flexibly staffed positions of District Attorney Investigator II/I and one position of Investigative Assistant as a result of a reduction in State funding to the Department of Child Support Services - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. 3.09 * Resolution Proclaiming August 2002 as Child Support Awareness Month - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. Roads and 3.10 * Reconstruction of Oak Lawn Avenue - County Project No. 54201- Landfill 98-1 - Award of Bid - the project consists of 0.20 miles of roadway reconstruction on Oak Lawn Avenue from Bidwell Avenue to 0.20 miles north. Bids were received July 8, 2002, with the low bidder being Baldwin Contracting Company, Inc., of Chico, in the amount of $161,791. The project will be funded by local road funds - action requested - AWARD BID TO BALDWIN CONTRACTING COMPANY, INC., IN THE AMOUNT OF $161,791; 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 2 July 23, 2002 Time Item No. 3.11 * Excavation of Module 4 - Neal Road Sanitary Landfill - Award of Bid - the project consists of the construction of a waste containment unit. Module 4 Phase A consists of the excavation of native soils within the limits of the waste containment unit and subsequent installation of a liner system. Bids for the excavation of native soils were opened on July 15, 2002, with the low bidder being Robert R. Peacher, Inc., of Chico, in the amount of $483,590 (Neal Road Management Fund) - action requested - AWARD BID TO ROBERT R. PEACHER, INC., IN THE AMOUNT OF $483,590; AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN CONSTRUCTION AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.12 * Reconstruction of Centerville Road Bridge Across Butte Creek - Federal Project No. BRLO-5912(018) - Contract Change Order (CCO) No. 4 - CCO NO. 4, in the increasing amount of $2,000, provides for the substitution of an improved guardrail - action requested - APPROVE CCO NO. 4 AND AUTHORIZE THE CHAIR TO SIGN. 3.13 * Quincy Engineering, Inc. - Amendment - Board approval is requested by the Public works Department for an amendment to the agreement with Quincy Engineering, Inc., for the provision of engineering services in preparation of environmental documents and preliminary design studies to be utilized in the widening of the Skyway from Pentz Road to South Park Drive. The amendment increases the maximum amount payable by $23,400 (department budget) for additional services to evaluate the Magalia Reservoir Dam ($18,000) and to correct a miscalculation of costs in the original contract ($5,400). 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. X12016) 3.14 * Butte County Air Quality Management District - Board approval is requested by the Public works Department for a revenue agreement with the Butte County Air Quality Management District for Special Road Program Grant Funds to chip seal Bald Rock Road from the end of the pavement to the intersection of Oroville Quincy Highway. The term of the agreement is July 1, 2001, through June 30, 2003, with a maximum amount payable to the County of $50,000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR- CONTROLLER. Agreements 3.15 * Mark Lundberg, M.D. - Employment Agreement Amendment - County and Health Officer - Board approval is requested by the Grants Administrative Office for an amendment to the employment agreement with Mark Lundberg, M.D., to serve as the County Health Officer. The amendment extends the term of the agreement through June 17, 2005, with all other terms and provisions to remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 3 July 23, 2002 Time Item No. 3.16 * Hawkins, Delafield & wood - Amendment - Board approval is requested by the Administrative Office for an amendment to the agreement with Hawkins, Delafield & wood for the provision of legal services in support of the Chico Urban Area Nitrate Compliance Program. The amendment extends the term of the agreement through June 27, 2003, and revises the contact address. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11691) 3.17 * Donald J. Fraser, Fraser and Associates - Amendment - Board approval is requested by the Administrative Office for an amendment to the consulting agreement with Donald J. Fraser, Fraser and Associates, for the provision of financial analysis services on redevelopment matters. The amendment increases the hourly compensation rate by $15 per hour (department budget), and provides for hourly compensation rates for associate and secretarial/administrative services. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11440) 3.18 * State of California-Department of Pesticide Regulation - Board approval is requested by the Agricultural Commissioner for a revenue agreement with the State of California-Department of Pesticide Regulation for funds to perform enforcement of pesticide permit regulations. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable to the County of $26,888 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40465) 3.19 * State of California-Department of Pesticide Regulation - Board approval is requested by the Agricultural Commissioner for a revenue agreement with the State of California-Department of Pesticide Regulation for funds to support the electronic submission of pesticide use reports to the State. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable to the County of $10,068 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40464) 3.20 * Mid-Valley Title and Escrow Co. - Amendment - Board approval is requested by the Assessor for an amendment to a lease agreement with Mid-Valley Title and Escrow Co., for the property located at 183 E. 6t'' Street, Chico. The property is utilized as the Chico branch office. The amendment extends the term of the lease through June 30, 2008, provides for a lease amount of $1,800 per month (department budget) for the first two years, eliminates language regarding termination of the lease within 12 months, and includes language regarding the Americans with Disabilities Act. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10048) Page 4 July 23, 2002 Time Item No. 3.21 * Merced Manor - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Merced Manor for the provision of community mental health services for the mentally disordered pursuant to the Bronzan- McCorquodale Act and the California welfare and Institutions Code. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $88,278.90 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13666) 3.22 * FamiliesFirst, Inc. - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with FamiliesFirst, Inc., for the provision of specialized treatment services to seriously emotionally disturbed adolescents. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $81,120 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13668) 3.23 * Chico Community Shelter Partnership - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Chico Community Shelter Partnership for the provision of services in support of the Butte County Homeless Mentally Ill Program (Adult System of Care). The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $43,255.53 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13667) 3.24 * 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 services, Mental Health Rehabilitation Center services, and Enhancement services. The amendment provides for client placement between the different Crestwood facilities, extends the term through June 30, 2003, and increases the maximum amount payable by $553,791 (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. (Contract No. X11075) Page 5 July 23, 2002 Time Item No. 3.25 * Dan Sands, Ph.D. - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the agreement with Dan Sands, Ph.D., for the provision of services in the specialized field of psychology. The amendment extends the agreement through June 30, 2003, and increases the maximum amount payable by $19,600 (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. X13408) 3.26 * Butte County Probation Department/Butte County Department of Behavioral Health - Memorandum of Understanding - Amendment - Board approval is requested by the Butte County Department of Behavioral Health for an amendment to the Memorandum of Understanding with the Probation Department for the provision of three part-time Probation Officers to the Inter-Agency Services Placement Unit in support of State mandated services. The amendment increases the maximum amount payable by $1,000 (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. (Contract No. X13369) 3.27 * 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 (BCDBH) for a Memorandum of Understanding with the Department of Employment and Social Services for the provision of Public Guardian services to BCDBH clients requiring conservatorship services. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable to the Department of Employment and Social Services of $140,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.28 * 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 the Parent Partner program. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $59,999.98 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 6 July 23, 2002 Time Item No. 3.29 * Victor Community Support Services, Inc. (Paradise Treatment Center) - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Victor Community Support Services, Inc., for the provision of day treatment, case management and speciality mental health services to clients referred by the department's ROOF team. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $553,124 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.30 * 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 Outpatient Drug-free Level I Education Groups and Non-residential Rehabilitative Ambulatory Intensive Outpatient Services for clients referred under the Substance Abuse and Crime Prevention Act. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $89,260 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.31 * Loumark Associates - Board approval is requested by the Butte County Department of Behavioral Health for a lease agreement with Loumark Associates for the property located at 564 Rio Lindo Avenue, Suites 100-106, Chico. The location is utilized by the Adult Services Senior Connections Program. The term of the agreement is July 1, 2002, through June 30, 2007, with a maximum amount payable of $110,757 for the multi-year term. The maximum amount payable for fiscal year 2002-2003 is $23,928 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.32 * Rick Minniefield - Award of Contract to Past Employee - the Butte County Department of Behavioral Health submits, for Board information, a professional services agreement with Rick Minniefield, a former Butte County Department of Behavioral Health employee, for the provision of services in the development of Youth Development and Crime Prevention Grant programs. The term of the agreement is August 19, 2002, through June 30, 2003, with a maximum amount payable of $24,980 (project budget). Pursuant to County policy, agreements under $25,000 can be approved by the Administrative Office; however, pursuant to the Butte County Purchasing Policy Manual Section 13.3 (1), notification to the Board of intent to award a contract to a former Butte County employee within two years following separation from County employment is required. Mr. Minniefield separated from County employment in November 2001 - action requested - ACCEPT FOR INFORMATION. Page 7 July 23, 2002 Time Item No. 3.33 * Barbara Holcraft - Award of Contract to Past Employee - the Butte County Department of Behavioral Health submits, for Board information, a professional services agreement with Barbara Holcraft, a former Butte County Department of Behavioral Health employee, for the provision of American Sign Language translation services to Butte County Department of Behavioral Health clients. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $599 (project budget). Pursuant to County policy, agreements under $25,000 can be approved by the Administrative Office; however, pursuant to the Butte County Purchasing Policy Manual Section 13.3 (1), notification to the Board of intent to award a contract to a former Butte County employee within two years following separation from County employment is required. Ms. Holcraft separated from County employment in November 2000 - action requested - ACCEPT FOR INFORMATION. 3.34 * Allyson Wilhite - Award of Contract to Past Employee - Board approval is requested by the Butte County Department of Behavioral Health for a professional services agreement with Allyson Wilhite, MFT, a former Butte County Department of Behavioral Health employee, for the provision of services authorized by the Butte County Mental Health Plan to authorized clients. The term of the agreement is July 1, 2002, and continues until terminated by either party. The agreement does not provide for a maximum amount payable. Payments will be made to the contractor based on utilization of services. Ms. Wilhite separated from County employment in April 2002 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.35 * Feather River Tribal Health, Inc. - Memorandum of Understanding - Board approval is requested by the Butte County Department of Child Support Services for a Memorandum of Understanding with Feather River Tribal Health, Inc., to facilitate and implement effective outreach efforts to the American Indian community and other communities regarding child support programs. The agreement is effective August 1, 2002, and continues until terminated by either party. There are no monetary provisions or expenditures of resources by the County under the terms of the agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.36 * DFM Associates - Amendment - Board approval is requested by the County Clerk-Recorder for an amendment to the agreement with DFM Associates for the provision of the Recorder's Information and Image Management System (RiiMS) software system utilized by the department. The amendment extends the agreement through June 30, 2005. All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10815) Page 8 July 23, 2002 Time Item No. 3.37 * David w. Kennedy - Board approval is requested by County Counsel for an agreement with David w. Kennedy for the provision of specialized legal services to the Department of Employment and Social Services-Children's Services Division. The term of the agreement is July 1, 2002, through June 30, 2005, with a monthly compensation rate of $10,975. The agreement is fully funded by State funds - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF THE AUDITOR-CONTROLLER. 3.38 * Butte County In-Home Supportive Services Public Authority - Board approval is requested by the Department of Employment and Social Services for an interagency agreement with the Butte County In-Home Supportive Services Public Authority. The agreement sets forth the responsibilities of the County and the Authority for administration of the In-Home Supportive Services program. The agreement is effective June 25, 2002, and remains in effect until terminated by either party. The agreement also defines the funding provisions between the Authority and County regarding County, State and Federal funding sources - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.39 * Innovative Health Care Services d/b/a Peg Taylor Care Center for Adult Day Health Care - Amendment - Board approval is requested by the Department of Employment and Social Services for an amendment to the agreement with Innovative Health Care Services d/b/a Peg Taylor Care Center for Adult Day Health Care for fiscal administration of the Aging Long Term Care Program as part of the Butte County Elder Services Coordinating Council contract. The amendment extends the term of the agreement through June 30, 2003, amends the description of services, and amends the method and rate of payment, setting the maximum amount payable at $15,000 (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. X11996) 3.40 * Private Industry Council - Sublease Agreement 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 building located at 2445 Carmichael Drive, Chico. The facility is utilized as the Chico Community Employment Center. The amendment extends the term of the agreement through June 30, 2014, clarifies appropriate janitorial services and supplies, and revises the payment schedule through the revised 12-year term as detailed in the agreement exhibit (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR. (Contract No. X10523) Page 9 July 23, 2002 Time Item No. 3.41 * Family Tree Services - Board approval is requested by the Department of Employment and Social Services for an agreement with Family Tree Services for the provision of supervised visitation services to families receiving family reunification services. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $62,872 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13634) 3.42 * Northern Valley Catholic Social Services - Board approval is requested by the Department of Employment and Social Services for an agreement with Northern Valley Catholic Social Services for the provision of counseling and assessment services to Children's Services clients. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $75,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13674) 3.43 * Youth For Change - Board approval is requested by the Department of Employment and Social Services for an agreement with Youth For Change for the provision of in-home visitation services for children in the Child welfare system. The term of the agreement is July 1, 2002, through June 30, 2005, with a maximum amount payable of $36, 310 for fiscal year 2002-2003, $27, 265 for fiscal year 2003-2004, and $22, 104 for fiscal year 2004-2005. Funding for the agreement is provided by Child Abuse Prevention and Intervention Treatment and Prevention funds (CAPIT - AB 1733) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.44 * Parent Education Network - Board approval is requested by the Department of Employment and Social Services for an agreement with the Parent Education Network for the provision of the Families in Transition Team In-home Visitation Program. The term of the agreement is July 1, 2002, through June 30, 2005, with a maximum amount payable of $75, 689 for fiscal year 2002- 2003, $55,735 for fiscal year 2003-2004, and $44,869 for fiscal year 2004-2005. Funding for the agreement is provided by Child Abuse Prevention and Intervention Treatment and Prevention funds (CAPIT - AB 1733) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. Page 10 July 23, 2002 Time Item No. 3.45 * Butte County Child Abuse Prevention Council - Board approval is requested by the Department of Employment and Social Services for an agreement with the Butte County Child Abuse Prevention Council for the provision of services to families and professionals dealing with children at risk for child abuse and neglect. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $30,000. Funding for the agreement is provided by the County's allocation of Community Based Family Resource Support funds - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. (Contract No. X13674) 3.46 * 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 the Butte-Glenn Community College District for the provision of the Vocational English as a Second Language program. The amendment extends the term of the agreement through June 30, 2003, and increases the maximum amount payable by $172,515 (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. X11858) 3.47 * Private Industry Council - Sublease Agreement 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 building located at 202 Mira Loma Drive, Oroville. The amendment provides for the inclusion of the street number to the address, revises the commencement date of the agreement to May 16, 2002, amends the maximum amount payable for change orders and in-fill by $35,000 (department budget), adds the purchase and installation of a security system, including monthly costs, and provides funds for additional work and in-fill costs in fiscal year 2002-2003 in an amount not to exceed $25,000 (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. (Contract No. X13126) 3.48 * Foothill Fire Protection District - Cooperative Agreement - Board approval is requested by the Fire Department for a Cooperative "Automatic Aid" Agreement with the Foothill Fire Protection District. The agreement provides for the full and free exchange of fire protection and emergency rescue resources. The term of the agreement is effective March 1, 2002, and continues until terminated by either party - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40451) Page 11 July 23, 2002 Time Item No. 3.49 * William w. Lewis and Joan O. Lewis - Board approval is requested by the Fire Department for a lease agreement with William w. Lewis and Joan O. Lewis for a building located at 2542 Highway 32, Chico. The building is utilized as office and apparatus space for Station 43. The term of the agreement is July 1, 2002, through June 30, 2003, with a lease rate of $1,000 per month (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13627) 3.50 * El Medio Fire Protection District - Board approval is requested by the Fire Department for a revenue agreement with the El Medio Fire Protection District for the provision of dispatch services to the District. The term of the agreement is February 1, 2002, through June 30, 2002. Under the terms of the agreement, payment to the County is based on prior year's calls, and is set at $3,800 for January 25, 2002, through March 30, 2002, and $6,150 for April 1, 2002, through June 30, 2002. Adjustments for call volume will be made in the first quarter of the following year's agreement - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40460) 3.51 * Chico Urban Area Fire and Rescue Agreement - Map Amendment - Board approval is requested by the County Fire Department, along with and the City Fire Department, to amend a boundary map contained in the Chico Urban Area Fire and Rescue Agreement. The proposed amended area is the Highway 32 corridor from the urban area west of Station 43/6 to the County line - action requested - AUTHORIZE THE BOUNDARY LINE ADJUSTMENT IN THE AREA OF THE HIGHWAY 32 CORRIDOR FROM THE URBAN AREA WEST OF STATION 43/6 TO THE COUNTY LINE; APPROVE MAP AND AUTHORIZE THE NEW MAP TO BE INCLUDED IN THE OPERATIONAL LETTER OF UNDERSTANDING. 3.52 * Professional Employees' Unit - Memorandum of Understanding - the Department of Human Resources submits the negotiated agreement with the Professional Employees' Unit. The term of the agreement is October 1, 2001, through September 30, 2004, and includes the following major provisions: nursing classifications (including microbiologists) will begin accruing vacation the same as all other Professional Employees' Unit members effective July 6, 2002, and will eliminate the Special Vacation Entitlement; salaries for the various classifications are adjusted as detailed in the agenda report; bilingual pay is increased to $5.00 a day; shift differential pay is increased to $8.00 a shift; the Admissions Day holiday is exchanged for the Cesar Chavez Day holiday; cafeteria plan rates are amended as detailed in the agenda report; and standby pay is increased to $40.00 per 8-hour shift - action requested - APPROVE THE MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. Page 12 July 23, 2002 Time Item No. 3.53 * California State Library - Public Library Services for People with Disabilities Grant - Board approval is requested by the Director of Libraries to apply to the California State Library for grant funds to assist public libraries in providing better services to people with disabilities. Under the terms of the grant, staff from the successful library applicants will receive training from December 2002 through May 2003, and will prepare a service plan for their libraries. Grant funds are to be disbursed in fiscal year 2003-2004. Some training costs may be reimbursed by the State, with any additional training costs to be funded through the department's training budget - action requested - APPROVE SUBMISSION OF GRANT APPLICATION AND AUTHORIZE THE DIRECTOR OF LIBRARIES TO SIGN. 3.54 * Ray Bowen - Board approval is requested by the Probation Department for two lease agreements with Ray Bowen for properties that are utilized by the Serious Habitual Offender, Butte Anti-drug Special Supervision, and Butte Interagency Narcotics Task Force programs. The amendments extend the term dates for both agreements through June 30, 2003. The maximum amount payable for Contract No. X11417 is $60,816.14, and the maximum amount payable for Contract No. X11543 is $45,762.64 (department budget). All other terms and provisions remain the same - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 3.55 * State Department of Health Services - Board approval is requested by the Public Health Department for an allocation agreement with the State Department of Health Services for funds to support tobacco education programs. The agreement provides $150,000 to the County for the period of July 1, 2002, through June 30, 2003 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER. 3.56 * California Family Health Council, Inc. - Amendment - Board approval is requested by the Public Health Department for an amendment to the revenue agreement with California Family Health Council, Inc., for the provision of funds to support family planning services. The amendment increases the maximum amount payable to the County by $20,832 as a result of an increased allocation and carryforward funds, and provides amended due dates for reporting requirements. 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. R40429) Page 13 July 23, 2002 Time Item No. 3.57 * Stonewall Alliance Center of Chico - Board approval is requested by the Public Health Department for an agreement with Stonewall Alliance Center of Chico for the provision of HIV/AIDS education and prevention services to selected high- risk target groups. The term of the agreement is July 1, 2002, through June 30, 2003, with a maximum amount payable of $55,000 (State funds) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X13628) Elections 3.58 * City of Biggs - Request for Consolidation of General Municipal Election - the City of Biggs submits Resolution No. 2002-12 requesting consolidation of the General Municipal Election with the statewide General Election to be held November 5, 2002, for the purpose of electing three members of the City Council - action requested - APPROVE CONSOLIDATION. 3.59 * City of Chico - Request for Consolidation of General Municipal Election - the City of Chico submits Resolution No. 140 01-02 requesting consolidation of the General Municipal Election with the statewide General Election to be held November 5, 2002, for the purpose of electing three members of the City Council - action requested - APPROVE CONSOLIDATION. 3.60 * City of Gridley - Request for Consolidation of General Municipal Election - the City of Gridley submits Resolution No. 2002-R-040 requesting consolidation of the General Municipal Election with the statewide General Election to be held November 5, 2002, for the purpose of electing two members of the City Council - action requested - APPROVE CONSOLIDATION. 3.61 * City of Oroville - Request for Consolidation of General Municipal Election - the City of Oroville submits Resolution No. 5869 requesting consolidation of the General Municipal Election with the statewide General Election to be held November 5, 2002, for the purpose of electing a Mayor, three members of the City Council and a City Treasurer - action requested - APPROVE CONSOLIDATION. 3.62 * Town of Paradise - Request for Consolidation of General Municipal Election - the Town of Paradise submits Resolution No. 02-38 requesting consolidation of the General Municipal Election with the statewide General Election to be held November 5, 2002, for the purpose of electing two members of the Town Council and submitting an Initiative Measure Repealing Chapter 2.46 of the Paradise Municipal Code Relating to Paradise Redevelopment Agency to the voters - action requested - APPROVE CONSOLIDATION. Page 14 July 23, 2002 Time Item No. 3.63 * School Districts - Request for Consolidation of General Municipal Elections - resolutions have been submitted ordering governing board member elections, establishing specifications of the election orders, and requesting consolidation of the elections with the statewide General Election to be held November 5, 2002, for the following school districts: Biggs Unified School District, Chico Unified School District, Durham Unified School District, Gridley Unified School District, Paradise Unified School District, Oroville Union High School District, Bangor Union Elementary School District, Feather Falls Union Elementary School District, Golden Feather Union Elementary School District, Manzanita Elementary School District, Oroville City Elementary School District, Palermo Union School District, Pioneer Union Elementary School District, Thermalito Union School District, Butte-Glenn Community College District, Marysville Joint Unified School District, and Yuba Community College District - action requested - APPROVE CONSOLIDATION. 3.64 * Oroville Union High School District - Request for Consolidation of School Bond Measure - the Oroville Union High School District submits Resolution No. 10-01/02 ordering a School Bond Election, establishing specifications of the election order, and requesting consolidation of the election with the statewide General Election to be held November 5, 2002 - action requested - APPROVE CONSOLIDATION. 3.65 * Special Districts - Request for Consolidation of Elections - resolutions and notices have been submitted ordering general district elections and requesting consolidation of the elections with the statewide General Election to be held November 5, 2002, for the following special districts: El Medio Fire Protection District, Durham Irrigation District, Oroville-Wyandotte Irrigation District, Paradise Irrigation District, Thermalito Irrigation District, Lake Oroville Area Public Utility District, Chico Area Recreation and Park District, Durham Recreation and Park District, Feather River Recreation and Park District, Paradise Recreation and Park District, and Richvale Recreation and Park District - action requested - APPROVE CONSOLIDATION. 3.66 * El Medio Fire Protection District - Request for Consolidation of Special Tax Increase Measure - the El Medio Fire Protection District submits Resolution No. R-02-003 requesting consolidation of an election with the statewide General Election to be held November 5, 2002, for the purpose of submitting to the qualified voters within the district a measure which increases a special tax for fire protection and prevention - action requested - APPROVE CONSOLIDATION. Page 15 July 23, 2002 Time Item No. Miscel- 3.67 * Children's Medical Services Plan for Fiscal Year 2002-2003 - laneous Board approval is requested by the Public Health Department for the Children's Medical Services Plan. The plan summarizes the overall program activities that will be accomplished within the Child Health and Disability Prevention Program and the California Children's Services Program - action requested - APPROVE PLAN AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE SUBMISSION OF THE PLAN TO THE STATE DEPARTMENT OF HEALTH SERVICES. 4.00 Regular Agenda 4.01 Appointments - Boards, Commissions, and Committees. * 1. Appointments to listed vacancies. * 2. Butte County Resource Conservation District Board - action requested - APPOINT DONALD HOLTGRIEVE, DISTRICT 3 REPRESENTATIVE, TO A TERM TO END JANUARY 6, 2003. 4.02 Update on legislative and budget activities. (CHIEF ADMINISTRATIVE OFFICER) 4.03 * Proposed Nuisance Abatement Ordinance - the Butte County Code Enforcement Advisory Board submits an ordinance providing for summary and administrative abatement of public nuisances, recovery of costs of nuisance abatement, and increasing the maximum fine for misdemeanor Butte County Code violations - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-9-02 [4.03]/DEVELOPMENT SERVICES) 4.04 Gridley Redevelopment Project Area - consideration of an ordinance authorizing the redevelopment of certain territory of the County of Butte by the City of Gridley and the Redevelopment Agency of the City of Gridley, and approving the redevelopment plan for the Gridley Redevelopment Project Area - action requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM 7-9-02 [4.06]/CHIEF ADMINISTRATIVE OFFICER) Page 16 July 23, 2002 Time Item No. 4.05 * Restoration of wildlife Habitat in Floodways of the Sacramento and San Joaquin Rivers - consideration of a request from the Family water Alliance for a letter to Governor Davis requesting abeyance of further acquisition of property for habitat restoration within floodways of the Sacramento and San Joaquin Rivers - action requested - APPROVE LETTER AND AUTHORIZE THE CHAIR TO SIGN. (FAMILY WATER ALLIANCE) 4.06 * Community Health Care Ordinance-Providing Standards for the Use of Local Tobacco Monies - consideration of a resolution submitting an initiative ordinance entitled, "Community Health Care Ordinance-Providing Standards for the Use of Local Tobacco Monies" to the voters, and requesting consolidation of the election with the statewide General Election to be held November 5, 2002 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (CHIEF ADMINISTRATIVE OFFICER) 4.07 * Butte County Charter Amendment - consideration of a resolution submitting to the voters an ordinance which will amend the Butte County Charter to separate the offices of County Surveyor and Road Commissioner, rename the current Road Engineer to Road Commissioner, and rename the Horticultural Commissioner to Agricultural Commissioner. The resolution also requests the election be consolidated with the statewide General Election to be held November 5, 2002 - action requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR TO SIGN. (COUNTY COUNSEL) 4.08 Items removed from the Consent Agenda for Board consideration and action. 4.09 Recess as the Butte County Board of Supervisors and Convene a~ the Butte County In-Home Supportive Services Public Authority. Page 17 July 23, 2002 Time Item No. Butte County In-Home Supportive Services Public Authority Agenda -July 23, 2002 1.00 Call to Order 2.00 Reaular Aaenda 2.01 Recognition of Exclusive Representative for In-Home Supportive Services Independent Providers and Home Care Workers - on June 12, 2002, an election was held establishing the United Domestic Workers of America, NUHHCHE, AFSCME, AFL-CIO Unit as the exclusive representative for the In-Home Supportive Services Independent Providers and Home Care Workers regarding wages, hours and other terms and conditions of employment -action requested -RECOGNIZE THE UNITED DOMESTIC WORKERS OF AMERICA, NUHHCHE, AFSCME, AFL-CIO UNIT AS THE EXCLUSIVE REPRESENTATIVE FOR THE IN-HOME SUPPORTIVE SERVICES INDEPENDENT PROVIDERS AND HOME CARE WORKERS FOR THE PURPOSE OF MEETING AND CONFERRING ON WAGES, HOURS AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT. 2.02 Registration for Governmental Organization Unemployment Insurance - approval is requested to submit the Registration for Governmental Organization to the State of California Employment Development Department. It is anticipated that the Authority will eventually employ 5 staff members, and pursuant to California Unemployment Insurance Code Section 709, the Authority must provide unemployment insurance for all employees - action requested - APPROVE SUBMISSION OF REGISTRATION FOR GOVERNMENTAL ORGANIZATIONS AND AUTHORIZE THE CHAIR TO SIGN. 2.03 Disability Insurance Coverage -approval is requested to apply to the State of California Employment Development Department for short-term disability insurance for Authority employees - action requested - APPROVE APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. Page 18 July 23, 2002 Time Item No. 2.04 Butte County In-Home Supportive Services Public Authority Implementation Team Findings and Recommendations -actions requested: ADOPTTHEBUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY IMPLEMENTATION TEAM FINDINGS AND RECOMMENDATIONS FOR THE OPERATION OF THE PUBLIC AUTHORITY; 2. APPROVE AND AUTHORIZE THE CHAIR TO SIGN AN INTERAGENCY AGREEMENT WITH THE COUNTY OF BUTTE; 3. ADOPT THE RATE SETTING BUDGET FOR THE AUTHORITY; 4. APPROVE SUBMISSION OF THE COMPLETED RATE FORM (SOC 449) TO THE CALIFORNIA DEPARTMENT OF SOCIAL SERVICES; 5. ACCEPT INFORMATION REGARDING IMPLEMENTATION ACTIVITES PLANNED THROUGH JANUARY 1, 2003; AND 6. DIRECT THE BUTTE COUNTY DEPARTMENT OF EMPLOYMENT AND SOCIAL SERVICES TO RECRUIT AND SCREEN FOR THE POSITION OF PUBLIC AUTHORITY MANAGER AND SUBMIT RECOMMENDATIONS TOTHE BOARD, AND TO PROVIDE INPUT ON THE SELECTION OF ADDITIONAL STAFF. 3.00 Public Comment 4.00 Adjournment ADJOURN AS THE BUTTE COUNTY IN-HOME SUPPORTIVE SERVICES PUBLIC AUTHORITY AND RECONVENE AS THE BUTTE COUNTY BOARD OF SUPERVISORS. Page 19 July 23, 2002 Time Item No. CONTINUED BUTTE COUNTY BOARD OF SUPERVISORS REGULAR AGENDA 5.00 Public Hearina and Timed Items 10:30 A.m. 5.01 * Public Hearing - Bid Opening - Sale of Real Property - on June 25, 2002, the Board adopted resolution 02-106 expressing intent to sell the property located at 5291 Pentz Road, Paradise, according to the provisions of Government Code Section 25520 et seq. The property is being sold as a result of the dissolution of the Lime Saddle Community Services District. The resolution calls for sealed bids to be opened on July 23, 2002, at 10:30 a.m. and for oral bids to be called for following the opening of the sealed bids - action requested - CONDUCT WRITTEN BID OPENING; CALL FOR ORAL BIDS; EVALUATE BIDS, SELECT SUCCESSFUL BIDDER AND AWARD BID. 10:35 A.m. 5.02 * Public Hearing - Raymond Teesdale - Tentative Parcel Map and Lot Line Adjustment - Appeal - consideration of an appeal of the Development Review Committee's denial of a Tentative Parcel Map and Lot Line Adjustment to divide a 46.28 acre parcel into four 10 acre lots and a 6.28 acre remainder on property zoned A-5 (Agricultural - 5 acre parcels). The property is located approximately 1,300 feet north of Central House Road on the west side of the western Pacific Railroad tracks, near the intersection of Central House Road and Lone Tree Road, Oroville, and identified as APN 028-020-054 and 046 (CS [T PM 02-19]) - action requested - OPEN HEARING AND CONTINUE OPEN TO AUGUST 27, 2002, AT 10:30 A.M. Page 20 July 23, 2002 Time Item No. 10:45 A.m. 5.03 Continued Public Hearing - Chris Carter - Tentative Subdivision Map Appeal of Conditions of Approval - consideration of an appeal of conditions of approval of a Tentative Subdivision Map to divide a 30 acre parcel into 29 residential lots ranging in size from 0.21 acres to 5 acres in three development phases. Phase I consists of 13 lots with an average size of 0.31 acres. Phase II consists of 12 lots with an average size of 0.23 acres, and Phase III consists of 4 lots with lot sizes of 5 acres each. This is a project on which notice of intent to adopt a negative declaration with mitigation measures regarding environmental impacts has been given. All lots within the project would be serviced by the Oroville Wyandotte Irrigation District (OWID) for domestic water and by the Lake Oroville Public Utility District (LOAPUD) for sewage disposal. The project site is within OWID's and LOAPUD's districts and annexation is not required. The property is located on the east side of Oakvale Avenue, approximately 0.3 miles south of Hildale Avenue, Oroville, and identified as APN 068-360-116. A late appeal has been filed by the applicant pursuant to Butte County Code Section 20- 66(d) regarding the Subdivision Map referenced above. The appellant requests modification of Conditions #12 and #21 of the Tentative Subdivision Map. The Board of Supervisors may act on such an appeal upon making the following findings: (1) the proposed change in the conditions will not adversely affect or cause a modification of the findings and determinations made in the environmental review process; and (2) the proposed changes in the conditions will not bring about an inconsistency with the General Plan, or to the zone or to any specific plans for the property in question; and (3) facts are presented giving good and sufficient reason why the conditions in question were not appealed within the 10-day period; and (4) the final map has not been recorded. If the Board of Supervisors determines that these findings can be made, a public hearing shall be scheduled for a later date to consider the appeal - action requested - STAFF RECOMMENDS THE BOARD CONSIDER INFORMATION PRESENTED AT THE HEARING PRIOR TO TAKING ACTION ON THE MATTER. THE DEPARTMENT OF PUBLIC WORKS AND THE CALIFORNIA DEPARTMENT OF TRANSPORTATION HAVE BEEN CONTACTED REGARDING THIS APPEAL AND THEY ARE REVIEWING THE MATTER AND WILL PROVIDE INFORMATION PRIOR TO THE HEARING. IF THE BOARD MAKES THE FINDINGS AS REFERENCED ABOVE, A PUBLIC HEARING CAN BE SCHEDULED TO CONSIDER THE APPEAL. (FROM 7-9-02 [5.03] ) Page 21 July 23, 2002 Time Item No. 1:30 P.m. 5.04 Timed Item - Continued Supervisorial Redistricting workshop - continuation of a workshop held June 18, 2002, for the consideration of possible alternatives for the redistricting of Butte County supervisorial districts. The continued workshop will include the manipulation of district and population data utilizing a computerized Geographic Information System. California Election Code 21500 states that in establishing the boundaries of the districts the board may give consideration to the following factors: (a) topography, (b) geography, (c) cohesiveness, contiguity, integrity, and compactness of territory, (d) community of interest of the districts, and (e) voter deferral. The above list is not exclusive and other comments on redistricting may be submitted for consideration - action requested - CONDUCT WORKSHOP; PROVIDE STAFF WITH ADDITIONAL DIRECTION OR SET PUBLIC HEARING DATE FOR ADOPTION OF REDISTRICTING PLAN. (COUNTY CLERK RECORDER-REGISTRAR OF VOTERS/COUNTY COUNSEL) 6.00 Public Comment 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. 7.00 Closed Session 7.01 CONFERENCE WITH LEGAL COUNSEL REGARDING ACTUAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a) LARGE MAOK TRUST V. COUNTY OF BUTTE (BUTTE COUNTY SUPERIOR COURT NO. 124994). 7.02 CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)(1) ONE POTENTIAL CASE. Page 22 July 23, 2002 Time Item No. 7.03 CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8: PROPERTY: A PARCEL OF LAND APPROXIMATELY 120 FEET IN WIDTH, (LOCATED BETWEEN THE WESTERN PACIFIC RAILROAD PROPERTY AND RAILROAD AVENUE) AND 2,850 FEET IN LENGTH (LOCATED BETWEEN PALERMO ROAD AND A POINT APPROXIMATELY 570 FEET SOUTH OF THE CENTERLINE OF MESSINA ROAD). AGENCY NEGOTIATOR: BILL CURRY, GENERAL SERVICES DIRECTOR. NEGOTIATING PARTIES: COUNTY OF BUTTE AND PALERMO UNION SCHOOL DISTRICT. UNDER NEGOTIATION: TERMS OF LEASE AND PAYMENT. THE BUTTE COUNTY BOARD OF SUPERVISORS' AGENDAS AND MINUTES ARE AVAILABLE ON THE WORLD WIDE WEB AT WWW.BUTTE000NTY.NET/COB. If you would like to receive your agenda by a-mail, please send your request to mreeves@buttecounty.net. Page 23 July 23, 2002