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February 8, 2000
BOARD OF SUPERVISORS
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th 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 - Pastor Troy Powers, St. Thomas the
Apostle Catholic Church, Oroville.
3.00 Consent A ecr nda
Minutes 3.01 * Approval of Minutes - action requested - APPROVE
MINUTES OF JANUARY 25, 2000.
Budget 3.02 * Budget Transfers - action requested - APPROVE BUDGET
Transfers TRANSFERS B-168 (SHERIFF); AND B-164 (APPROPRIATION
FOR CONTINGENCIES-PUBLIC WORKS). (Budget transfers
listed above require a 4/5 vote.)
Donations 3.03 County Library Donations - in accordance with
Government Code Section 25355, donations of $1,525
from Chico Friends of the Library, and $225 from
Gridley Friends of the Library, have been received
for the Butte County Trust Fund for the purchase of
books - action requested - ACCEPT DONATIONS AND
AUTHORIZE LETTERS OF APPRECIATION.
3.04 * Fire Department Donation - the Kelly Ridge Volunteer
Fire Company has donated a King Handie Talkie Radio,
Model No. EPH5991A, Serial No. D18638, valued at
$800, to the Butte County Fire Department - action
requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF
APPRECIATION.
Time Item No.
3.05 * County Survey Information Donation - a second
donation of historical survey information, valued at
$4,900, has been received from Richard R. Roper. The
information includes survey field books, plats, and
maps, and is available for public viewing through the
Public works Department - action requested - ACCEPT
DONATION AND AUTHORIZE A LETTER OF APPRECIATION.
Setting of 3.06 * Public Service Easement Abandonment - the Board has
Public received a petition requesting the abandonment of a
Hearings public service easement lying within Lot B of
Heritage Estates, Phase 2, beginning at Heritage
Drive and running southeast to Kelly Ridge Road -
action requested - ADOPT RESOLUTION SETTING A PUBLIC
HEARING FOR MARCH 14, 2000, AT 11:30 A.M.
3.07 * Alley Abandonment - the Board has received a petition
requesting the abandonment of a public right-of-way
consisting of the alleys within the Glendale Addition
to Chico Unit I, located on the east and west sides
of McIntosh Avenue (formerly known as Second Street)
approximately 500 feet east of Diamond Avenue,
southwest of Chico - action requested - ADOPT
RESOLUTION SETTING A PUBLIC HEARING FOR
MARCH 14, 2000, AT 11:45 A.M.
Appoint- 3.08 Butte County Behavioral Health Board - action
ments requested - APPOINT/REAPPOINT JANET WILSON
(PROFESSIONAL), COLLEEN PHIPPS (FAMILY), JEAN WOLD
(PROFESSIONAL), AND MARGE HUBBARD (CONSUMER) TO TERMS
TO END DECEMBER 31, 2002.
Land Use 3.09 * Gerald Ernst and Dale W. Ritter - Rezone - Report to
the Board - the Planning Commission has held a
hearing on the proposed rezone of 178+ acres
(consisting of four parcels) from FR-40 (Foothill
Recreational-40 acres) to FR-20 (Foothill
Recreational-20 acres) and submits a report to the
Board - action requested - ACCEPT FOR INFORMATION.
3.10 * Introduction of an Ordinance Amending Zoning
Compliance Criteria for Lot Line Adjustments and
Mergers - the Public works Department has prepared an
ordinance which will make revisions to streamline the
boundary line modification process by making merger
and lot line adjustment provisions similar with
respect to compliance and zoning provisions. The
ordinance will resolve several concerns expressed by
local engineers, surveyors, and property owners -
action requested - WAIVE READING OF THE ORDINANCE.
Page 2 February 8, 2000
Time Item No.
3.11 * Property Exchange - Chico Sheriff's Substation -
Board approval is requested by the General Services
Director for agreements regarding the exchange of
property to provide alternative ingress and egress to
the Chico Sheriff's Substation, and acquisition of
land for parking - action requested - APPROVE
AGREEMENT FOR EXCHANGE OF REAL PROPERTY WITH MID
VALLEY PROPERTIES AND MID VALLEY TRACTOR AND
AUTHORIZE THE CHAIR TO SIGN; FIND THAT PUBLIC POLICY
DOES NOT NECESSITATE THE FILING OF A PARCEL MAP FOR
THE CONVEYANCES AS A RESULT OF THE APPROVED AGREEMENT
FOR EXCHANGE OF PROPERTY; AND AUTHORIZE THE CHAIR TO
SIGN REQUIRED GRANT DEED DOCUMENTS.
Fixed 3.12 * Storage Shelves Purchase - Board approval is
Assets and requested by the Sheriff's Office to purchase storage
Facilities shelves from IMS Custom Sheet Metal in the amount of
$4,862.13 (Inmate welfare Trust). The shelves will
be utilized to store inmate possessions in the old
main jail facility. A budget transfer of department
funds is requested to cover the cost of the shelves -
action requested - APPROVE BUDGET TRANSFER B-165 (4 /5
vote required); AND APPROVE PURCHASE OF STORAGE
SHELVES.
Audit and 3.13 * Expiration of Utility User Tax - Article VIII,
Finance Section 21-114 (a) of the Butte County Code requires
the Utility User Tax to expire upon the Board's
acceptance of the certified results of the election
of March 7, 2000. The Treasurer-Tax Collector
submits a copy of the letter which was sent to all
utility companies notifying them of the anticipated
date of expiration - action requested - ACCEPT FOR
INFORMATION.
3.14 * Monthly Investment Report - the Treasurer-Tax
Collector submits the December 31, 1999, report in
accordance with the Butte County Statement of
Investment Policy dated July 1, 1999 - action
requested - ACCEPT FOR INFORMATION.
Page 3 February 8, 2000
Time Item No.
3.15 * Approval of Documents and Resolution Authorizing
withdrawal and Acceptance of Tobacco Settlement
Monies - Board approval is requested for documents
required for the acceptance of Tobacco Settlement
Funds pursuant to a Memorandum of Understanding
between the State and local agencies for division of
the funds - action requested - APPROVE RELEASE AND
DISCHARGE OF CLAIMS; APPROVE AGREEMENT REGARDING
INTERPRETATION OF MEMORANDUM OF UNDERSTANDING; ADOPT
RESOLUTION AUTHORIZING WITHDRAWAL AND ACCEPTANCE OF
TOBACCO SETTLEMENT MONIES PURSUANT TO THE MEMORANDUM
OF UNDERSTANDING; APPROVE TRANSFER INSTRUCTIONS-
CALIFORNIA ACCOUNT-TOBACCO SETTLEMENT FUND; APPROVE
ELECTION TO RECEIVE FIRST DISTRIBUTION OF TOBACCO
SETTLEMENT FROM STATE CONTROLLER; AND AUTHORIZE THE
CHAIR, CHIEF ADMINISTRATIVE OFFICER, AUDITOR-
CONTROLLER, AND TREASURER-TAX COLLECTOR TO EXECUTE
DOCUMENTS.
3.16 Local Agency Improvement Fees - pursuant to
Government Code Section 66006(b), on
January 11, 2000, the Auditor-Controller submitted
the Combined Report of Impact Fees or Local Agency
Improvement Fees for fiscal year 1998-99 as public
notice that the information was available for
inspection. No objections or requests for correction
were received regarding the report. Review of the
report is considered complete with this action -
action requested - ACCEPT REPORT. (FROM 1-11-00)
3.17 * California Kids' Plates Mini Grant - the Public
Health Department has received $6,000 from the San
Diego State University Foundation to enhance
community efforts to prevent pedestrian and bicycle
accidents involving children through the promotion
of the sale of Kids' Plates motor vehicle license
plates. Funds raised by the sale of the Kids' Plates
will be utilized for child abuse and injury
prevention - action requested - APPROVE BUDGET
TRANSFER B-163 (4/5 vote required) ACCEPTING AND
APPROPRIATING $6,000 IN UNANTICIPATED GRANT REVENUE.
3.18 * Bus Purchase Funding - Board approval is requested by
the Public works Department to request an allocation
from Butte County Association of Governments to
release Butte County Transit capital reserve funding
in the amount of $259,617 to augment the Public works
Department's budget for the purchase of seven new
Compressed Natural Gas fueled transit buses - action
requested - APPROVE REQUEST TO USE BUTTE COUNTY
TRANSIT CAPITAL RESERVE FUNDS; AND APPROVE BUDGET
TRANSFER B-162 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED REVENUE.
Page 4 February 8, 2000
Time Item No.
Ordinances 3.19 Adoption of a Salary Ordinance Amendment - County
and Counsel has requested the Personnel Department
Resolutions prepare a salary ordinance amendment which deletes
one position of Staff Services Systems
Specialist/Senior Staff Services Systems Specialist
in response to a departmental reorganization - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 1-25-00)
3.20 Adoption of a Salary Ordinance Amendment - County
Counsel has requested the Personnel Department
prepare a salary ordinance amendment which adds one
position of Deputy County Counsel IV - action
requested - ADOPT ORDINANCE AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 1-25-00)
3.21 Adoption of a Salary Ordinance Amendment - the Public
works Department has requested the Personnel
Department prepare a salary ordinance amendment which
creates the positions of Associate Surveyor and
Assistant Surveyor to better reflect and redefine the
job duties of the Civil Engineering-Supervisor
position. The ordinance also reclassifies one
flexibly staffed position of Civil Engineering-
Assistant/Civil Engineering-Associate in the Public
works-General Services division to Associate
Surveyor/Assistant Surveyor; and reclassifies one
flexibly staffed position of Civil Engineering-
Assistant/Engineering Technician II/I in the Public
works-Engineering and Administration division to
Assistant Surveyor/Engineering Technician II/I -
action requested - ADOPT ORDINANCE AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 1-25-00)
3.22 Adoption of a Salary Ordinance Amendment - the
welfare Department has requested the Personnel
Department prepare a salary ordinance amendment which
adds one position of Specialist - Public
Guardian/Public Administrator to the welfare
Department in response to caseload demands on the
Public Guardian/Public Administrator division.
Funding for this position is available in the welfare
Department budget - action requested - ADOPT
ORDINANCE AND AUTHORIZE THE CHAIR TO SIGN. (FROM
1-25-00)
Page 5 February 8, 2000
Time Item No.
3.23 * Removal of a Salary Ordinance Amendment - on
January 25, 2000, the welfare Department requested
the Personnel Department prepare a salary ordinance
amendment which would reclassify one position of
Supervisor-Staff Support Services to Administrative
Analyst II/I in response to a recommendation
contained in the department-wide classification study
conducted by Cooperative Personnel Services. At the
request of the welfare Department, the Personnel
Department is requesting this item be removed from
the agenda without action or further consideration -
action requested - REMOVE ITEM FROM AGENDA WITHOUT
ACTION OR CONSIDERATION. (FROM 1-25-00)
3.24 * Introduction of a Salary Ordinance Amendment - the
Behavioral Health Department has requested the
Personnel Department prepare a salary ordinance
amendment which converts one term position of Health
Education Specialist II/I (term to end 6-30-00) to a
regular help position in response to a shift in the
funding source for the position from grant funds to
realignment funds - action requested - WAIVE READING
OF THE ORDINANCE.
3.25 * Introduction of a Salary Ordinance Amendment - the
welfare Department has requested the Personnel
Department prepare a salary ordinance amendment which
deletes one position of Administrative Analyst III in
the welfare-Services budget unit, and adds one
position of welfare Staff Analyst to the Welfare-
Administration budget unit - action requested - WAIVE
READING OF THE ORDINANCE.
3.26 * Resolution Recognizing February as American History
Month - the National Society Daughters of the
American Revolution is requesting the Board recognize
February as American History Month - action
requested - ADOPT RESOLUTION AND AUTHORIZE THE CHAIR
TO SIGN.
Agreements 3.27 * Northern Valley Catholic Social Services - Board
and approval is requested by the Butte County Department
Grants of Behavioral Health for an agreement with Northern
Valley Catholic Social Services for the provision of
services in support of the County's Quality
Improvement Plan. Services provided include
assessment, evaluation, therapy, and rehabilitation.
The term of the agreement is July 1, 1999, through
June 30, 2000, with a maximum amount payable of
$88,364 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. X11521)
Page 6 February 8, 2000
Time Item No.
3.28 * James A. Curtis, Attorney - Board approval is
requested by County Counsel for an agreement with
James A. Curtis, Attorney, for the provision of legal
services - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11529)
3.29 * Employment Agreements - Board approval is requested
by the Chief Administrative Officer for employment
agreements for the Director of Public works and the
Director of Personnel - action requested - APPROVE
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
3.30 * R & B Electronics - Board approval is requested by
the Sheriff-Coroner for an agreement with R & B
Electronics for the provision of maintenance and
service of the security electronics in the west
Facility of the Jail. The term of the agreement is
one year, in the amount of $26,500 (department
budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11484)
Elections 3.31 * Manzanita Elementary School District - Request for
Election - the Manzanita Elementary School District,
by Resolution No. 99-20-05, adopted January 12, 2000,
has requested the County Clerk-Recorder-Registrar of
Voters to conduct a special school bond election to
be held Tuesday, May 2, 2000. The cost of the
election will be paid by the District - action
requested - AUTHORIZE THE COUNTY CLERK-RECORDER-
REGISTRAR OF VOTERS TO CONDUCT A SPECIAL SCHOOL BOND
ELECTION TO BE HELD MAY 2, 2000; AND APPROVE BUDGET
TRANSFER B-167 (4/5 vote required) ACCEPTING AND
APPROPRIATING UNANTICIPATED ELECTION REVENUE.
3.32 * City of Oroville - Request for Special Recall
Election - the City of Oroville, by Resolution
No. 5549, adopted January 18, 2000, has requested the
County Clerk-Recorder-Registrar of Voters to conduct
a special recall election to be held on Tuesday,
May 2, 2000. The cost of the election will be paid
by the City - action requested - AUTHORIZE THE
COUNTY CLERK-RECORDER-REGISTRAR OF VOTERS TO CONDUCT
A SPECIAL RECALL ELECTION TO BE HELD MAY 2, 2000; AND
APPROVE BUDGET TRANSFER B-166 (4 /5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED ELECTION
REVENUE.
Page 7 February 8, 2000
Time Item No.
3.33 * Statement of Votes Cast - the County Clerk-Recorder-
Registrar of Voters submits the Certification of
Statement of Votes Cast in the Thermalito Union
School District Special Bond Election held
November 2, 1999 - action requested - ACCEPT
CERTIFICATION.
3.34 * Statement of Votes Cast - the County Clerk-Recorder-
Registrar of Voters submits the Certification of
Statement of Votes Cast in the Oroville City
Elementary Special Governing Board Member and School
Bond Measure Election held September 28, 1999 -
action requested - ACCEPT CERTIFICATION.
Miscel 3.35 * Rock Creek-Keefer Slough Flood Control - the Rock
laneous Creek-Keefer Slough Flood Control Feasibility Study
is proceeding on schedule with the final preferred
project and appropriate environmental analysis
expected by May 2001. The estimated total cost of
the project will be approximately $10 million, with
a local share of approximately $3.5 million (State
Reclamation Board and local entities) - action
requested - DIRECT THE CHIEF ADMINISTRATIVE OFFICER,
WITH THE ASSISTANCE OF THE PUBLIC WORKS DEPARTMENT
AND SUPERVISOR HOUX, TO SEEK PUBLIC FUNDING THROUGH
THE STATE BUDGET PROCESS FOR THE NON-FEDERAL SHARE OF
THE PROPOSED FLOOD CONTROL PROJECT.
3.36 * Annual Performance Review Procedures for Appointed
Department Heads - pursuant to Board direction
regarding the annual review process for appointed
department heads, the Chief Administrative Officer
submits an appointed department head performance
review policy for Board consideration - action
requested - APPROVE ANNUAL REVIEW PROCEDURES FOR
APPOINTED DEPARTMENT HEADS.
3.37 * Annual Report to California State Library - the
Director of Libraries submits a copy of the annual
report to the California State Library for fiscal
year 1998-99 - action requested - ACCEPT FOR
INFORMATION.
3.38 * Household Hazardous waste Program Update - the Public
works Department submits an update on the status of
County Household Hazardous waste Programs - action
requested - ACCEPT FOR INFORMATION.
Page 8 February 8, 2000
Time Item No.
3.39 * California wildlife Conservation Board - Letter of
Support - Board approval is requested by the
Department of water and Resource Conservation for a
letter of support to the California wildlife
Conservation Board in support of the Central Valley
Advanced Planning Project being undertaken by Ducks
Unlimited. The project will develop a comprehensive
standardized Geographic Information System for
several central valley counties, including Butte -
action requested - ACCEPT RECOMMENDATION OF THE WATER
COMMISSION AND APPROVE LETTER OF SUPPORT AND
AUTHORIZE THE CHAIR TO SIGN.
3.40 * Fire Explorer Post - Board approval is requested by
the Fire Department to develop an Explorer Post. The
Explorer Post will provide individuals between the
ages of 14 and 20 the opportunity to explore the many
different aspects of fire service. with firefighters
as role models, the Post will provide hands-on
learning experiences, community service through Fire
Department activities, and fire prevention education.
There will be no cost or liability to the County for
this program - action requested - APPROVE DEVELOPMENT
OF A FIRE EXPLORER POST.
4.00 Regular Agenda
4.01 Appointments - Commissions and Committees
* 1. Appointments to committee vacancies
4.02 Update on legislative and budget activities.
(CHIEF ADMINISTRATIVE OFFICER)
4.03 * Sacramento and San Joaquin River Basin Comprehensive
Study - Report to the Board - presentation to the
Board by Mike Bonner, Project Manager, United States
Army Corps of Engineers; and Steve Yaeger, Project
Manager, State of California Reclamation Board; of a
study which focuses on joint flood damage reduction
and ecosystem restoration plans for the Sacramento
and San Joaquin River Basins - action requested -
ACCEPT FOR INFORMATION.
Page 9 February 8, 2000
Time Item No.
4.04 * Recess as the Butte County Board of Supervisors and
convene as the Butte County Public Facilities
Financing Corporation Board of Directors.
(TREASURER-TAX COLLECTOR)
Butte County Public Facilities Financings Corporation
1. Call to Order - Board of Supervisors Room,
25 County Center Drive, Oroville.
2. Approval of Minutes - action requested -
APPROVE MINUTES OF FEBRUARY 9, 1999.
3. Project Status Report - action requested -
ACCEPT FOR INFORMATION.
4. Appointment of New Officers - President: Chair
Dolan; Vice President: Supervisor Josiassen;
Secretary/Treasurer: Dick Puelicher, Treasurer-
Tax Collector; Lessee Representative: Karen
white.
5. Public Comment
6. New Business
Adjourn as the Butte County Public Facilities
Financing Corporation Board of Directors and
reconvene as the Butte County Board of Supervisors.
4.05 * Document Reproduction Charges - discussion regarding
the fees charged by County departments for the
reproduction of documents for the public - ACCEPT FOR
INFORMATION AND PROVIDE DIRECTION AS NEEDED. (CHIEF
ADMINISTRATIVE OFFICER [FROM 12-7-99])
4.06 * Butte County Display at the State Capitol - Report to
the Board - presentation to the Board by the
Agricultural Commissioner on the status of the Butte
County Display at the State Capitol - action
requested - APPROVE PROPOSED DESIGN PLAN.
(AGRICULTURAL COMMISSIONER)
Page 10 February 8, 2000
Time Item No.
4.07 * Public Employees Retirement System (PERS) - Amendment
to Retirement Benefits - consideration of a
Resolution of Intention and Introduction of an
Ordinance which would amend the County's agreement
with PERS regarding the retirement benefit
calculation, amending it to a 20 at age 55 formula -
action requested - ADOPT RESOLUTION OF INTENTION AND
AUTHORIZE THE CHAIR TO SIGN; AND WAIVE READING OF THE
ORDINANCE. (AUDITOR-CONTROLLER AND PERSONNEL
DIRECTOR)
4.08 Items removed from the Consent Agenda for Board
consideration and action.
5.00 Public Hearings and Timed Items
10:30 A.m. 5.01 * Public Hearing - County Service Area Charges -
consideration of increases in the annual per parcel
services charges for fiscal year 2000-2001 and future
fiscal years for the following County Service Areas:
1) County Service Area No. 100 (Holly Gardens Street
Lighting, Drainage and Sewer Pump Maintenance) -
existing charge: $105.34; proposed increase: $68.66;
and 2) County Service Area No. 119 (South Fork
Estates Street Lighting and Future Drainage) -
existing charge: $66.30; proposed increase: $5.94 -
action requested - OPEN PUBLIC HEARING TO ACCEPT
PROTESTS. IF MAJORITY PROTESTS ARE NOT RECEIVED,
ADOPT RESOLUTION WHICH WOULD APPROVE THE COUNTY
SERVICE AREA CHARGES SUBJECT TO VOTER CONFIRMATION.
2:00 P.m. 5.02 * Continued Timed Item - Employee Relations Officer
Appeal - the Communication workers of America filed
a Recognition Petition request for modification of
the established appropriate bargaining units pursuant
to Government Code Section 3500 et seq., to provide
a unit for professional employees. The Butte County
Employees Association has filed an appeal of the
Employee Relations Officer's determination that the
proposed new unit is appropriate, pursuant to
Personnel Rule Section 10.9 - action requested -
CONCLUDE HEARING AND MAKE DETERMINATION.
Page 11 February 8, 2000
Time Item No.
6.00 Public Comment (PRESENTATIONS WILL BE LIMITED TO
FIVE MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED
BY STATE LAW FROM TAKING ACTION ON ANY ITEM IF IT IS
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):
1. Ielati v. Butte County
2. Soto v. Krelle
8.00 Communications
8.01 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE
BOARD OFFICE.)
* 1. Paul R. Minasian, Attorney, representing
Reclamation District No. 833, writes to inform
the Board that the District election, intended
to be held March 21, 2000, has been delayed to
April 4, 2000, due to a delay in the creation
of election materials by the contractor.
(REFERRED TO CHIEF ADMINISTRATIVE OFFICER AND
ELECTIONS [1-20-00] )
* 2. Dick Dickerson, Assemblyman, 2nd District,
submits the State of California Reclamation
Board General Manager's 1998 Annual Report for
Board information. (REFERRED TO CHIEF
ADMINISTRATIVE OFFICER, DIRECTOR-WATER AND
RESOURCE CONSERVATION, COUNTY COUNSEL, AND
AGRICULTURAL COMMISSIONER [1-20-00])
* 3. Patti Glaum, Oroville, submits a request for an
agenda item to resolve a traffic safety problem
on Lincoln Boulevard between Mill and Walmer.
(REFERRED TO DIRECTOR OF PUBLIC WORKS
[1-27-00] )
Page 12 February 8, 2000