HomeMy WebLinkAboutM011100BOARD OF SUPERVISORS
MINUTES
R.J. BEELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX, 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAVIS, 5th District
January 11, 2000
Call to Order - Board of Supervisors Room, County Administration
Building, 25 County Center Drive, Oroville. Supervisors present:
Beeler, Houx, Josiassen, Davis, and Chair Dolan. Also present:
John S. Blacklock, Chief Administrative Officer; Susan Minasian,
County Counsel; and Marion Reeves, Assistant Clerk of the Board.
CHAIR DOLAN EXPRESSED THE CONDOLENCES OF THE ENTIRE BOARD ON THE
RECENT LOSS OF DON HEFFREN, AND REQUESTED A LETTER BE SENT TO THE
HEFFREN FAMILY THANKING THEM FOR THE MANY CIVIC
CONTRIBUTIONS MR. HEFFREN MADE TO THE COUNTY OF BUTTE AND EXPRESSING
THE BOARD'S CONDOLENCES.
Pledge of Allegiance to the Flag of the United States of America.
Invocation - Liana Fernandez, Spiritual Leader, Unity Of Oroville.
Board of Supervisors Orcranization for 2000
00-O1
MOTION:
VOTE:
MOTION:
VOTE:
Comments by Chair Dolan
CHAIR DOLAN REFLECTS ON THE ACCOMPLISHMENTS OF THE BOARD DURING 1999
AND THANKS THE BOARD FOR ITS WORK TOWARDS THOSE ACCOMPLISHMENTS.
(145)
SUPERVISOR DAVIS PRESENTS CHAIR DOLAN WITH A GIFT FOR HER TENURE AS
CHAIR.
Election of new Board Chair
I NOMINATE JANE DOLAN FOR BOARD CHAIR.
M S
1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried)
Election of new Board Vice Chair
I NOMINATE CURT JOSIASSEN FOR BOARD VICE CHAIR
S M
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 1 January 11, 2000
January 11, 2000
00-O1 Comments by Supervisors:
A. New Chair (NONE)
B. Other members of the Board
SUPERVISOR DAVIS COMMENTS ON HIS TIME IN OFFICE AND EXPRESSES HIS
APPRECIATION OF THE ACCOMPLISHMENTS THE BOARD HAS MADE IN THE PAST
YEAR.
SUPERVISORS BEELER THANKS THE BOARD FOR ITS WORK IN THE PAST YEAR
AND HOW THAT WORK HAS HELPED WITH THE GROWTH OF HIS DISTRICT.
SUPERVISOR JOSIASSEN COMMENDS THE BOARD ON ITS PROFESSIONALISM AND
ITS ABILITY TO WORK TOGETHER FOR THE GOOD OF THE COUNTY.
RECESS: 9:18 A.M.
RECONVENE: 9:20 A.M.
Consent A ecr nda
00-02 1. County Library Donation - in accordance with Government Code
Section 25355, a donation of $5,500 from Paradise Friends of
the Library has been received for the Butte County Trust Fund
for the purchase of books - action requested - ACCEPT DONATION
AND AUTHORIZE A LETTER OF APPRECIATION.
2. County Service Area (CSA) No. 4 (Sierra Del Oro) - Expansion
of Powers to Include Street Lighting - on December 2, 1999,
the Local Agency Formation Commission (LAFCo), by
Resolution No. 17 1999/00, approved the expansion of powers
for CSA No. 4. LAFCo submits the resolution to the Board for
further proceedings as required by law. Board approval is
requested to set a public hearing for February 22, 2000, at
10:30 a.m. to consider the proposed expansion - action
requested - ADOPT RESOLUTION 00-O1 SETTING A PUBLIC HEARING
FOR FEBRUARY 22, 2000, AT 10:30 A.M. AND AUTHORIZE THE CHAIR
TO SIGN.
3. Biggs Memorial Hall Committee - action requested - APPOINT
ERNEST HOHMAN (U.S. NAVY); ANTONIO AIRISA (U.S. AIR FORCE);
NORRIS ANDERSON (U.S. AIR FORCE); MIKE MCDONALD (U.S. ARMY);
FRANK MATHAUSER (U.S. ARMY); AND CLARENCE WILLIAMS (NATIONAL
GUARD), TO TERMS TO END JUNE 30, 2000.
4. Chico Memorial Hall Committee - action requested - APPOINT
CHUCK WITTEN, V.F.W DELEGATE; RAY NORBY AND NORMAN COLE,
V.F.W. ALTERNATES; ROBERT DODDS, AMERICAN LEGION DELEGATE;
V.H. "VARY" VARTABEDIAN, AMERICAN LEGION ALTERNATE; JACK
KOHLBUSH, D.A.V. DELEGATE; KEN MANTLE, D.A.V. ALTERNATE; AND
JAMES GARD, SEA CADETS DELEGATE, TO TERMS TO END
JUNE 30, 2000.
Page 2 January 11, 2000
January 11, 2000
00-02 5. Paradise Memorial Hall Committee - action requested - APPOINT
JOHN TEEL, DELEGATE, AND ED LYDEN, ALTERNATE, WWII SUBMARINE
VETERANS, TO TERMS TO END JUNE 30, 2000.
6. Upham Cemetery District - action requested - APPOINT ERIC
MANLEY TO A VACATED TERM TO END JULY 1, 2000.
7. Land Conservation Act Inclusion - the Land Conservation Act
Committee unanimously voted to recommend the following
inclusion into a Land Conservation Act Agreement: Vibert R.
Pope, 80 acres, APN 041-080-128. This agreement was
inadvertently omitted from the inclusions detailed on the
agenda of December 14, 1999 - action requested - APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-14-99)
8. Pheasant Landing Subdivision, Unit 2, Phase 3 - the project
consists of 15 lots located on the east side of Garner Lane
across from Kathy Lane. The developer has provided an
Irrevocable Letter of Credit to guarantee construction of the
required road, drainage, fire protection and sewer facilities
within one year - action requested - APPROVE FINAL MAP; ACCEPT
AUGUSTA LANE AND SPYGLASS ROAD AS OFFERED FOR DEDICATION IN
FEE SIMPLE TO THE COUNTY OF BUTTE IN ITEM #1 OF THE OWNER'S
STATEMENT; ACCEPT THOSE EASEMENTS FOR PUBLIC SERVICE PURPOSES
AS OFFERED IN ITEM #2 OF THE OWNER'S STATEMENT ON BEHALF OF
THE ENTITIES NAMED; ACCEPT THE STORM DRAIN EASEMENTS AS
OFFERED FOR DEDICATION TO THE COUNTY OF BUTTE IN ITEM #3 OF
THE OWNER'S STATEMENT; ACCEPT THE RELINQUISHMENT OF ABUTTER'S
RIGHTS ALONG THE AUTUMN PARK DRIVE FRONTAGE OF LOTS 48, 56,
57, AND 62, AS OFFERED FOR DEDICATION TO THE COUNTY OF BUTTE
IN ITEM #4 OF THE OWNER'S STATEMENT; AND AUTHORIZE THE CHAIR
TO SIGN THE SUBDIVISION AGREEMENT.
9. County Service Area (CSA) No. 23 (Pleasant Valley Drainage) -
Annexation of Scout Court Subdivision - on October 7, 1999, by
Resolution No. 9 1999/00, the Local Agency Formation
Commission (LAFCo) approved annexation of the Scout Court
Subdivision to CSA No. 23. LAFCo submits the resolution to
the Board for further proceedings as required by law. Board
approval is requested for a resolution which will approve the
annexation - action requested - ADOPT RESOLUTION 00-02
APPROVING ANNEXATION AND AUTHORIZE THE CHAIR TO SIGN.
10. Award of Bid - Construction of Del Oro Complex - Phase I
Improvements - bids have been opened on the project which
consists of reconstruction of an existing two-lane roadway,
construction of parking facilities, installation of drainage
facilities, and the placing of aggregate base and surfacing
with asphalt concrete. The low bidder was Santos Excavating,
Inc., of Chico, in the amount of $126,651.40 - action
requested - AWARD BID TO SANTOS EXCAVATING, INC.
Page 3 January 11, 2000
Januarv 11, 2000
00-02 11. Epic Solutions Video Capture Station for Paradise Police
Department - Board approval is requested by the Sheriff's
Office to purchase an Epic Solutions Video Capture Station for
the Paradise Police Department. The system will allow the
Paradise Police Department to book arrestees and take
photographs using equipment and software that is 1000
compatible with the Butte County Criminal Information System.
Paradise Police Department will reimburse the Sheriff's Office
the cost of the equipment ($15,563) - action requested -
APPROVE BUDGET TRANSFER B-128 (4 /5 vote required); AND APPROVE
PURCHASE OF A FIXED ASSET ITEM.
12. Epic Solutions Site License - Board approval is requested by
the Sheriff's Office to purchase an Epic Solutions Software
Site License in the amount of $21,450 (department budget).
This purchase will allow workstations within the Jail Division
and other County and State agencies to access the Butte County
Criminal Information System - action requested - APPROVE
BUDGET TRANSFER B-127 (4/5 vote required); AND APPROVE
PURCHASE OF A SITE LICENSE.
13. Notice of Completion - Installation of Boiler/Chiller at 1 and
3 County Center Drive - all work on the subject property has
been completed in accordance with plans and specifications -
action requested - ACCEPT CONTRACT WORK; APPROVE NOTICE OF
COMPLETION AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT
RECORDING OF THE NOTICE OF COMPLETION.
14. Resolution Continuing Reduced Standard of Aid for
General Assistance (SB 1033) - on November 30, 1999, the
Commission on State Mandates adopted its Final Statement of
Decision approving Butte County's re-application for a finding
of significant financial distress for a period of 36 months.
This finding provides the Board with the necessary authority
to continue a reduced level of general assistance payments
pursuant to welfare and Institutions Code Section 17000 et
seq. The proposed resolution provides for a continued
reduction based on the Commission's finding of November 30,
1999 - action requested - ADOPT RESOLUTION 00-03 AND AUTHORIZE
THE CHAIR TO SIGN.
15. Local Agency Improvement Fees - pursuant to Government Code
Section 66006(b), the Auditor-Controller submits the Combined
Report of Impact Fees or Local Agency Improvement Fees for
fiscal year 1998-99 - action requested - ACCEPT AS INFORMATION
AND PUBLIC NOTICE THAT THE INFORMATION IS AVAILABLE FOR
INSPECTION IN THE CLERK OF THE BOARD'S OFFICE; DIRECT ITEM TO
RETURN TO AGENDA ON FEBRUARY 8, 2000, FOR REVIEW PURSUANT TO
GOVERNMENT CODE SECTION 66006(b).
Page 4 Januarv 11, 2000
Januarv 11, 2000
00-02 16. Adoption of a Salary Ordinance Amendment - the
General Services Director has requested the Personnel
Department prepare a salary ordinance amendment which will
delete the classification of Buyer, create the classification
of Buyer I and Buyer II, and flexibly staff the current
position of Buyer to Buyer II/I to provide for staff upward
mobility - action requested - ADOPT ORDINANCE 3574 AND
AUTHORIZE THE CHAIR TO SIGN. (FROM 12-14-99)
17. Introduction of a Salary Ordinance Amendment - the Personnel
Department has prepared a salary ordinance amendment which
corrects typographical errors contained in previously adopted
salary ordinance amendments passed in 1999. Changes made by
the proposed ordinance are editorial in nature with no
substantive changes to intent or outcome of the original
documents. The changes are intended to clarify previously
adopted ordinances, therefore, the changes being proposed will
be retroactive to the original ordinances enactment dates -
action requested - WAIVE READING OF THE ORDINANCE.
18. Introduction of a Salary Ordinance Amendment - the Public
Health Department has requested the Personnel Department
prepare a salary ordinance amendment which deletes one term
position of Program Manager (term to end 6-30-00), and adds
one term position of Program Manager-Butte County Children &
Families Commission (term to end 6-30-00) This ordinance
corrects the title of a position approved in Ordinance
No. 3563, adopted December 7, 1999 - action requested - WAIVE
READING OF THE ORDINANCE.
19. Introduction of an Ordinance - Correction to Wireless
Communication Facilities Ordinance - the Development Services
Department is requesting Board approval of an ordinance which
corrects Subpart (b) of Subsection F.4, entitled, "New
Monopoles or Towers" of Section 24-262 of the Butte County
Code, correcting the zones in which the 30 foot height
limitation is to apply - action requested - WAIVE READING OF
THE ORDINANCE.
20. Timber Harvesting Activity - Board approval is requested by
the Development Services Department-Planning Division for a
resolution which will name the Director of the Department of
Development Services, or his designee, as the County designee
authorized to review less than three-acre conversion
exemptions for conformance with all County regulatory
requirements - action requested - ADOPT RESOLUTION 00-04 AND
AUTHORIZE THE CHAIR TO SIGN.
Page 5 Januarv 11, 2000
Januarv 11, 2000
00-02 21. Notice of Completion - Reconstruction of a Low water Crossing
on Nord Gianella Road from Pine Creek to 600 Feet East - the
project provided for the construction of a concrete low water
crossing on Nord Gianella Road adjacent to the bridge over
Pine Creek, approximately 2 miles west of Nord. All contract
work has been completed in accordance with plans and
specifications - action requested - ACCEPT CONTRACT WORK;
APPROVE NOTICE OF COMPLETION AND AUTHORIZE THE CHAIR TO SIGN;
AND DIRECT RECORDING OF THE NOTICE OF COMPLETION.
22. Nielsen, Merksamer, Parrinello, Mueller and Naylor, LLP -
Board approval is requested by the Chief Administrative Office
for an amendment to the agreement with Nielsen, Merksamer,
Parrinello, Mueller and Naylor, LLP, for the provision of
lobbying services for the County of Butte. The amendment
proposes to extend the current agreement for a period of one
year, but reduces the maximum amount payable to $35,000 (a
reduction of $5,000). All other terms and conditions are to
remain the same - action requested - APPROVE AGREEMENT
AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL
OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
23. California Department of Housing and Community Development,
Division of Community Affairs - Special Cold weather Funding
Application - Board approval is requested by the Chief
Administrative Office, on behalf of the Community Action
Agency, to apply for a grant in the amount of $18,215 from the
California Department of Housing and Community Development,
Division of Community Affairs, for special cold weather
funding to be used to provide housing vouchers at local motels
for the homeless population - action requested - ADOPT
RESOLUTION 00-05 AUTHORIZING SUBMITTAL OF THE GRANT
APPLICATION AND AUTHORIZE THE CHAIR TO SIGN.
24. Colusa, Glenn, and Butte Counties - Joint Powers Agreement
(JPA) for Purchase of Heavy Capacity weight Truck - Board
approval is requested by the Agricultural Commissioner for a
Joint Powers Agreement with Colusa and Glenn Counties for the
purchase of a heavy capacity weight truck, and the creation of
a trust account for a maintenance and replacement fund. The
truck will be utilized to confirm the accuracy of heavier
capacity scales. The total JPA amount is $125,000 and Butte
County will contribute $80,000 (department budget) - action
requested - APPROVE BUDGET TRANSFER B-132 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE FROM COLUSA
AND GLENN COUNTIES IN THE AMOUNT OF $45,000; AND APPROVE
AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No.
R40204 )
Page 6 Januarv 11, 2000
Januarv 11, 2000
00-02 25. California Department of Food and Agriculture - Pest Exclusion
Program - Amendment I - Board approval is requested by the
Agricultural Commissioner for an amendment to the revenue
agreement with the California Department of Food and
Agriculture for the provision of pest exclusion activities.
The amendment provides an additional $1,031.89 (State funds)
to the County for high-risk inspection services, with all
other terms and conditions to remain the same - action
requested - APPROVE BUDGET TRANSFER B-126 (4/5 vote required)
ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; AND APPROVE
AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN.
(Contract No. R40114)
26. Harbor Hills - I.M.D. Services - Board approval is requested
by the Butte County Department of Behavioral Health (BCDBH)
for an agreement with Harbor Hills for the provision of
Residential Care Services to BCDBH clients as an alternative
to State hospitalization or a higher level of care. The term
of the agreement is October 1, 1999, through June 30, 2000,
with a maximum amount payable not to exceed $74,325.96
(department budget) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11351)
27. Echo Consulting Services of California, Inc. - Board approval
is requested by the Butte County Department of Behavioral
Health (BCDBH) for an agreement with Echo Consulting Services
of California, Inc., for the provision of software
maintenance, support, and enhancement services to the current
BCDBH computer system. The computer system allows tracking
and reporting components of services provided by mental health
and alcohol and drug services. The term of the agreement is
October 1, 1999, through June 30, 2000, with a maximum amount
payable of $58,318.30 (department budget) - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. X11516)
28. Sacramento Valley Family Services - Board approval is
requested by the Butte County Department of Behavioral Health
(BCDBH)-Youth Services Division for an agreement with
Sacramento Valley Family Services for the provision of State
mandated Therapeutic Behavioral Services. The term of the
agreement is January 1, 2000, through June 30, 2000, with
a maximum amount payable of $150,000 (department budget) -
action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR
TO SIGN. (Contract No. X11520)
Page 7 Januarv 11, 2000
Januarv 11, 2000
00-02 29. City of Gridley - Board approval is requested by the Fire
Department for an agreement with the City of Gridley for the
provision of volunteer fire fighter services. The cost of
providing volunteer fire fighter services to the City is
approximately $3,000 per year. The City of Gridley is
currently providing office space to a Butte County Fire
Department Battalion Chief, and the value of that office space
is approximately $3,000 per year. The proposed agreement
provides for the provision of volunteer fire fighter services
in exchange for office space. The term of the agreement is
July 1, 1999, through June 30, 2002 - action requested -
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
30. Butte Meadows Hillsliders Snowmobile Club - Amendment - Board
approval is requested by the General Services Director for an
amendment to the agreement with the Butte Meadows Hillsliders
Snowmobile Club for the provision of snow removal services,
and maintenance of the County-owned Snocat in support of an
Off-Highway Vehicle Recreation Grant from the State of
California, Department of Parks and Recreation. The amendment
extends the term of the agreement to June 30, 2000, and amends
the amount payable to $30,000 (grant funds) - action
requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE
CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X11024)
31. Paradise Unified School District (PUSD)- Board approval is
requested by the Public works Department for a revenue
agreement with the Paradise Unified School District for the
provision of Compressed Natural Gas (CNG) fueling equipment
use and maintenance. Under the terms of the agreement, PUSD
will be billed monthly for fuel and other associated costs.
The agreement also provides for the required relocation of
overhead electrical wires to comply with the 1998 California
Fire Code, and provides the terms for reimbursement of those
costs ($25,000) by the County and PUSD - action requested -
APPROVE BUDGET TRANSFER B-133 (4 /5 vote required)
APPROPRIATING $25,000 FROM 755-CNG (RETAINED EARNINGS) TO 755-
531.750 CNG (MAINTENANCE) TO COVER WIRE RELOCATION COSTS; AND
APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract
No. R40202)
32. Certification of Statement of Votes Cast - the County Clerk-
Recorder-Registrar of Voters submits the Statement of Votes
Cast For and Against Measure I as submitted to the voters at
the Special Election held in and for the Palermo Union School
District on September 28, 1999 - action requested - ACCEPT
CERTIFICATION.
Page 8 Januarv 11, 2000
Januarv 11, 2000
00-02
MOTION
VOTE
33. Policy and Procedures Manual - Acquisition, Maintenance, and
Disposal of County Vehicles - Board approval is requested by
the General Services Director for a policy and procedures
manual which has been prepared to provide for uniform
practices with regards to County vehicle acquisition,
maintenance, and disposal - action requested - ADOPT
RESOLUTION 00-06 AND AUTHORIZE THE CHAIR TO SIGN.
34. Purchasing Policy Manual - Amendment - Board approval is
requested by the General Services Director for a resolution
which will amend the Purchasing Policy Manual to include
provisions which various departments and Purchasing Services
have recognized as needing to be modified - action requested -
ADOPT RESOLUTION 00-07 AND AUTHORIZE THE CHAIR TO SIGN.
35. North State Cooperative Library System (NSCLS) - Annual
Report - Doris Lithgow, NSCLS Advisory Board Representative,
submits the Annual Report to the Board - action requested -
ACCEPT FOR INFORMATION. (501)
I MOVE TO APPROVE THE CONSENT AGENDA AS PRESENTED.
M S
l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
00-03
00-04
00-05
Appointments - Commissions and Committees (512)
A. Appointments to committee vacancies. (NONE)
Update on legislative and budget activities. (518) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, PROVIDES THE BOARD WITH
HIGHLIGHTS OF THE PROPOSED FISCAL YEAR 2000-2001 STATE BUDGET.
BOARD DIRECTION THAT A LETTER BE SENT TO THE GOVERNOR REQUESTING THE
BUDGET INCLUDE THE RETURN OF FUNDS TO LOCAL GOVERNMENTS.
Year 2000 (Y2 K) Debriefing - report to the Board by Emergency
Services, Information Systems, and Administration, on the year-end
transition - action requested - ACCEPT FOR INFORMATION. (726)
PRESENTATION TO THE BOARD BY MIKE MADDEN, EMERGENCY SERVICES
OFFICER; BOB BARNES, INFORMATION SYSTEMS DIRECTOR; AND EMMETT POGUE,
DEPUTY ADMINISTRATIVE OFFICER; SUMMARIZING THE ACTIVITIES
SURROUNDING THE YEAR 2000 TRANSITION, AND INFORMING THE BOARD THAT
NO MAJOR PROBLEMS OCCURRED.
Page 9 Januarv 11, 2000
Januarv 11, 2000
00-06 Child Support Enforcement Program (CSEP) - Board discussion and
direction regarding the formation of a local child support agency -
action requested - DIRECT FORMATION OF A CHILD SUPPORT ENFORCEMENT
TRANSITION TEAM WITH REPRESENTATION FROM THE FOLLOWING OFFICES:
ADMINISTRATION, DISTRICT ATTORNEY, AUDITOR-CONTROLLER, SOCIAL
SERVICES, COUNTY COUNSEL, AND PERSONNEL. (1079)
MOTION: I MOVE TO DIRECT THE FORMATION OF A CHILD SUPPORT ENFORCEMENT
TRANSITION TEAM WITH REPRESENTATION FROM ADMINISTRATION, DISTRICT
ATTORNEY, AUDITOR-CONTROLLER, SOCIAL SERVICES, COUNTY COUNSEL,
PERSONNEL, AND OTHER OFFICES AS MAY BE NEEDED.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
RECESS
RECONVENE
9:59 A.M.
10:09 A.M.
00-07 In-Home Support Services (IHSS) Delivery Advisory and Request for
Direction - presentation of information regarding modes of service
delivery currently utilized in the In-Home Support Services Program,
and a description of service delivery modes available - action
requested - SELECT AN ALTERNATIVE FOR IHSS SERVICE DELIVERY FOR THE
PERIOD OF JULY 1, 2000, THROUGH JUNE 30, 2002, AND AUTHORIZE RELATED
ACTIONS NECESSARY FOR IMPLEMENTATION OF SELECTED ALTERNATIVE. IF
THE BOARD AUTHORIZES A CONTINUATION OF CONTRACT SERVICES FOR ALL OR
A PORTION OF THE IHSS CASELOAD, AN INVITATION TO BID WILL BE
RELEASED TO INTERESTED PARTIES NOT LATER THAN JANUARY 30, 2000.
(1757)
MOTION: I MOVE TO CONTINUE CONTRACT SERVICES FOR ALL OR A PORTION OF THE
IHSS CASELOAD, AND APPROVE AN INVITATION TO BID TO BE RELEASED TO
INTERESTED PARTIES NOT LATER THAN JANUARY 30, 2000.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-08 Morgan Chambers Appeal, Merger APN 025-020-018 and 071 -
consideration of a letter of appeal - action requested - STAFF
RECOMMENDS THE BOARD NOT ACCEPT THE NOTICE OF APPEAL DATED
DECEMBER 6, 1999, AND REFUND THE APPEAL FEE TO THE APPLICANT.
SHOULD THE BOARD CHOOSE TO ACCEPT THE LETTER AS A LATE APPEAL, THE
BOARD SHOULD SET A PUBLIC HEARING TO CONSIDER THE APPEAL FOR NOT
LESS THAN 30 DAYS FROM JANUARY 11, 2000. (2456)(**00)
NO ACTION TAKEN; ITEM CONTINUED TO AN UNSPECIFIED TIME PENDING
RECEIPT OF FURTHER INFORMATION.
Page 10 Januarv 11, 2000
January 11, 2000
Public Hearincr and Timed Items
00-09 Public Hearing - Magalia County water District - Dissolution -
consideration of the dissolution of the Magalia County water
District (item determined to be categorically exempt from
environmental review pursuant to the California Environmental
Quality Act, Section 15320). The Magalia County water District was
established in 1965 to provide water service for residential and
commercial uses. On June 27, 1996, the Board of Directors of the
Magalia County water District adopted Ordinance No. 26, stating that
the District had not provided services for a period of three years,
and that the District should be dissolved. Members of the District
Board resigned effective upon adjournment of the June 27, 1996,
regular meeting. Because the ordinance adopted by the District
board did not meet the legal requirements to serve as an application
to the Local Agency Formation Commission (LAFCo), LAFCo initiated
the dissolution of the District, and on November 4, 1999, by
Resolution No. 5 1998/99, approved the dissolution. LAFCo now
submits the Resolution to the Board for further proceedings as
required by law. Since the Magalia County water District Board
unanimously voted to dissolve the District, voter confirmation
requirements do not apply to the dissolution - action requested -
ADOPT RESOLUTION DISSOLVING THE MAGALIA COUNTY WATER DISTRICT AND
AUTHORIZE THE CHAIR TO SIGN. (**247)
Public Hearing Opened: 10:50 A.M.
Public Hearing Closed: 10:50 A.M.
MOTION: I MOVE TO ADOPT RESOLUTION 00-08 DISSOLVING THE MAGALIA COUNTY WATER
DISTRICT, AS AMENDED, TO INCLUDE THE ADDITIONAL FINDINGS: THAT THE
DISSOLUTION WILL OCCUR PURSUANT TO GOVERNMENT CODE 57083, WITHOUT
AN ELECTION, FINDING THAT THE DISTRICT BOARD HAS UNANIMOUSLY VOTED
AND CONSENTED TO THIS DISSOLUTION; THAT THE BOARD HAS DETERMINED
THAT THE DISTRICT IS A NON-USER OF CORPORATE POWERS AS DEFINED BY
THE CORTESE-KNOX LOCAL GOVERNMENT REORGANIZATION ACT OF 1985, AND
THAT THERE IS A REASONABLE PROBABILITY THAT THESE POWERS WILL NOT
BE USED IN THE FUTURE, AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 11 January 11, 2000
January 11, 2000
Regular Agenda
00-10 County Counsel - consideration of the addition of a Deputy County
Counsel position - action requested - APPROVE COUNTY COUNSEL'S
REQUEST FOR AN ADDITIONAL DEPUTY COUNTY COUNSEL IV POSITION
BEGINNING MARCH 1, 2000; AUTHORIZE PERSONNEL TO PREPARE A SALARY
ORDINANCE AMENDMENT TO REFLECT THIS REQUEST; AND APPROVE A BUDGET
TRANSFER IN THE AMOUNT OF $31,863 FROM APPROPRIATION FOR
CONTINGENCIES (4 /5 vote required) TO THE COUNTY COUNSEL BUDGET.
(**358)
MOTION: I MOVE TO APPROVE COUNTY COUNSEL'S REQUEST FOR AN ADDITIONAL
DEPUTY COUNTY COUNSEL IV POSITION BEGINNING MARCH 1, 2000;
AUTHORIZE PERSONNEL TO PREPARE A SALARY ORDINANCE AMENDMENT TO
REFLECT THIS REQUEST; APPROVE A TRANSFER OF FUNDS WITHIN THE COUNTY
COUNSEL BUDGET TO PROVIDE THE FUNDING FOR THE POSITION; DIRECT THE
ADMINISTRATIVE OFFICE TO CONDUCT FURTHER REVIEW OF OUR BENCHMARK
COUNTIES TO EVALUATE THE LEVELS OF STAFF ATTORNEYS AND CONTRACT
ATTORNEYS AND REPORT BACK TO THE BOARD AS PART OF THE BUDGET
PROCESS; AND DIRECT THE ADMINISTRATIVE OFFICE TO EVALUATE THE
STAFFING NEEDS OF OTHER SUPPORT DEPARTMENTS AND DEVELOP A
RECOMMENDATION TO PRESENT TO THE BOARD NOT LATER THAN THE TIME OF
THE PROPOSED BUDGET.
M S
VOTE: 1 N 2 Y 3 Y 4 Y 5 Y (Motion Carried)
RECESS: 10:59 A.M.
RECONVENE: 11:10 A.M.
Page 12 January 11, 2000
January 11, 2000
PUBLIC HEARING AND TIMED ITEMS
00-11 Public Hearing - Development Services Department - Research and
Business Park Designation - consideration of a proposed project
which consists of a new General Plan Designation and a new zoning
district (item on which a negative declaration with mitigation
measures regarding environmental impacts has been recommended) as
follows:
1. Create a text amendment to the Land Use Categories section of
the Land Use Element of the General Plan to create the
"Research and Business Park" designation; and
2. Create a new zoning district entitled, "Research and Business
Park", and add it to the Zoning Ordinance as Section 24-167 of
the Butte County Code. This district will include purpose and
intent; establish a master development plan review process for
new research and business park land uses; provide for an
administrative permit process; identify permitted, accessory,
temporary, prohibited, and conditional uses; provide for site
development standards; and provide parameters for design
guidelines that must be addressed in the master development
plan process.
The creation of these amendments to the Butte County General Plan
and Zoning Code will not result in changes to either the General
Plan Land Use Map or Zoning District Maps at this time. The process
of identifying candidate sites that meet the General Plan criteria
has not been undertaken and sites that may meet the criteria have
not been identified - action requested:
1. SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF
REPORT DATED JANUARY 11, 2000, ADOPT A MITIGATED NEGATIVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN;
2. FIND THAT THIS PROJECT DOES NOT HAVE THE POTENTIAL TO CAUSE
ENVIRONMENTAL DAMAGE TO FISH AND/OR WILDLIFE OR THEIR HABITAT
AND APPROVE A DE MINIMUS EXEMPTION PURSUANT TO SECTION 21089
OF THE PUBLIC RESOURCES CODE;
Page 13 January 11, 2000
Januarv 11, 2000
00-11 3. SUBJECT TO FINDING III (A) AS DETAILED IN THE STAFF REPORT
DATED JANUARY 11, 2000, ADOPT A RESOLUTION TO AMEND THE LAND
USE ELEMENT OF THE GENERAL PLAN CREATING A RESEARCH AND
BUSINESS PARK LAND USE DESIGNATION AS FOUND IN ATTACHMENT "A",
EXHIBIT "A-1" OF THE STAFF REPORT DATED JANUARY 11, 2000, AND
AUTHORIZE THE CHAIR TO SIGN; AND
4. SUBJECT TO FINDING IV (A) AS DETAILED IN THE STAFF REPORT
DATED JANUARY 11, 2000, ADOPT AN ORDINANCE ADDING A SECTION TO
THE ZONING CODE THAT PROVIDES FOR A RESEARCH AND BUSINESS PARK
ZONE, INCLUDING POLICIES AND STANDARDS AS FOUND IN
ATTACHMENT "B" OF THE STAFF REPORT DATED JANUARY 11, 2 0 0 0 , AND
AUTHORIZE THE CHAIR TO SIGN. (**581)
Public Hearing Opened: 11:36 A.M.
Public Hearing Closed: 11:54 A.M.
MOTION: SUBJECT TO FINDINGS I (A AND B) AS DETAILED IN THE STAFF REPORT
DATED JANUARY 11, 2000, I MOVE TO ADOPT A MITIGATED NEGATIVE
DECLARATION AND AUTHORIZE THE CHAIR TO SIGN; FIND THAT THIS PROJECT
DOES NOT HAVE THE POTENTIAL TO CAUSE ENVIRONMENTAL DAMAGE TO FISH
AND/OR WILDLIFE OR THEIR HABITAT AND APPROVE A DE MINIMUS EXEMPTION
PURSUANT TO SECTION 21089 OF THE PUBLIC RESOURCES CODE; SUBJECT TO
FINDING III (A) AS DETAILED IN THE STAFF REPORT DATED
JANUARY 11, 2000, MOVE TO ADOPT RESOLUTION 00-09 TO AMEND THE LAND
USE ELEMENT OF THE GENERAL PLAN CREATING A RESEARCH AND BUSINESS
PARK LAND USE DESIGNATION, AS AMENDED FROM ATTACHMENT "A",
EXHIBIT "A-1" OF THE STAFF REPORT DATED JANUARY 11, 2000, AS
FOLLOWS: CHANGING PARAGRAPH 2 UNDER THE HEADING, NOW, THEREFORE,
BE IT RESOLVED AS FOLLOWS: TO READ, "THE GENERAL PLAN AMENDMENT IS
HEREBY ADOPTED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF BUTTE
AS AMENDMENTS TO THE BUTTE COUNTY GENERAL PLAN LAND USE ELEMENT,
SAID AMENDMENTS TO BE THE LAND USE POLICY FOR THE COUNTY OF BUTTE
IN THE AFFECTED AREA." AND AUTHORIZE THE CHAIR TO SIGN; AND SUBJECT
TO FINDING IV (A) AS DETAILED IN THE STAFF REPORT DATED
JANUARY 11, 2000, FURTHER MOVE TO ADOPT ORDINANCE 3575 ADDING A
SECTION TO THE ZONING CODE THAT PROVIDES FOR A RESEARCH AND BUSINESS
PARK ZONE, INCLUDING POLICIES AND STANDARDS AS FOUND IN
ATTACHMENT "B" OF THE STAFF REPORT DATED JANUARY 11, 2000, AS
AMENDED, TO REPLACE THE TERM "CONDITIONAL USE PERMITS" WITH "USE
PERMIT" THROUGHOUT THE DOCUMENT; AMENDING ITEM G(1) TO READ,
"REPRESENTATIVE USES REQUIRING A USE PERMIT"; CORRECTING THE TABLE
FORMATTING IN SECTION I (2); AMENDING ITEM B (4) TO INCLUDE THE
FOLLOWING SENTENCE AT THE END OF THE PARAGRAPH, "THE PROCEDURE FOR
REVIEW AND CONSIDERATION OF THE MASTER DEVELOPMENT PLAN AND FOR
APPEALS SHALL BE AS SPECIFIED IN SECTIONS 24-45.20, 24-45.25, AND
24-45.30, EXCEPT THAT THE REQUIREMENT FOR FINDINGS SHALL BE AS
SPECIFIED HEREIN."; REPLACING THE WORD "VEHICLE" IN PARAGRAPH "h"
OF SECTION B(2) WITH THE WORD "TRANSIT", AND AUTHORIZE THE CHAIR TO
SIGN; I ALSO MOVE TO AMEND ITEM #3 OF THE ZONING FACTORS SECTIONS
OF THE GENERAL PLAN TEXT FOR RESEARCH AND BUSINESS PARKS TO READ,
"MINIMAL EFFECTS ON ADJACENT LAND USES, INCLUDING RESIDENTIAL, WATER
AND AIR QUALITY, TRAFFIC FLOW AND SAFETY AND GENERAL ENVIRONMENTAL
QUALITY".
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 14 Januarv 11, 2000
January 11, 2000
Regular Agenda
00-12 Recess as the Butte County Board of Supervisors and convene as the
Thompson Flat Cemetery District Board of Trustees. (**2760)
Thompson Flat Cemetery District
00-13 Financial Audit and Management Letter - the Butte County Auditor-
Controller submits the three-year Financial Audit covering fiscal
years 1996-97, 1997-98, and 1998-99, along with a management letter
that provides comments and recommendations - action requested -
ACCEPT FOR INFORMATION.
00-14 Gridley-Biggs Cemetery District - Board approval is requested for
an agreement with the Gridley-Biggs Cemetery District for the
operation and maintenance of the Thompson Flat Cemetery District
cemetery grounds. The term of the agreement is January 4, 2000,
through June 30, 2000, with a maximum amount payable of $1,000
(district funds) - action requested - APPROVE AGREEMENT AND
AUTHORIZE THE CHAIR TO SIGN.
MOTION: I MOVE TO APPROVE THE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
00-15 Public Comment (None)
00-16 Other Business (None)
Recess as the Thompson Flat Cemetery District Board of Trustees and
reconvene as the Butte County Board of Supervisors.
00-17 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.) (**2850)(***00)
1. Mike Kelly addresses the Board to express his concern
regarding the operation of the paint ball park, and requesting
an agenda item come forward to license the park and require a
background investigation of employees to protect juveniles.
2. William Burton addresses the Board to express his concerns
regarding the roadway improvements on west 8th Avenue.
3. Tim Bousquet addresses the Board to request why item 7.01(4)
is to be discussed in closed session.
Page 15 January 11, 2000
January 11, 2000
SUPERVISOR DAVIS WILL NOT PRESENT IN CLOSED SESSION
00-18 CLOSED SESSION: the Board recessed at 12:23 p.m. to a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a) Butte Environmental Council,
Caryn Jones v. County of Butte; and a conference
with labor negotiators pursuant to Government Code
Section 54957.6: agency negotiators - William
Avery and Donald Turko; employee organizations:
Butte County Employees Association (General Unit);
Butte County Management Employees Association
(Management, Confidential, and Supervisory Unit);
and Communication workers of America (Social
Services Workers Unit). (***150)
RECONVENE: the Board reconvened at 1:18 p.m. from a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a) Butte Environmental Council,
Caryn Jones v. County of Butte; and a conference
with labor negotiators pursuant to Government Code
Section 54957.6: agency negotiators - William Avery
and Donald Turko; employee organizations: Butte
County Employees Association (General Unit); Butte
County Management Employees Association
(Management, Confidential, and Supervisory Unit);
and Communication workers of America (Social
Services workers Unit). (***177) (NO
ANNOUNCEMENTS)
SUPERVISOR DAVIS NOT PRESENT
Public Hearincr and Timed Item
00-19 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 - OPEN HEARING FOR
PUBLIC COMMENT AND FOR SUBMISSION OF FACT AND ARGUMENT; CONTINUE
HEARING OPEN TO JANUARY 25, 2000, FOR CONCLUSION OF HEARING AND
DETERMINATION BY BOARD. (***195)
ITEM CONTINUED FEBRUARY 8, 2000, AT 2:00 P.M.
Page 16 January 11, 2000
Januarv 11, 2000
00-20 A request to send a letter to the California Supreme Court to
request the Court review the case, or in the alternative, depublish
the case entitled Leaciue to Save Sierra Lakes, et al v. El Dorado
County Water Aaencv, et al. (***1896) (ITEM REMOVED FROM THE CLOSED
SESSION AGENDA FOR DISCUSSION UNDER THE REGULAR AGENDA.)
MOTION: I MOVE TO APPROVE A LETTER TO THE CALIFORNIA SUPREME COURT TO
REQUEST THE COURT REVIEW THE CASE, OR IN THE ALTERNATIVE, DEPUBLISH
THE CASE ENTITLED LEAGUE TO SAVE SIERRA LAKES, ET AL V. EL DORADO
COUNTY WATER AGENCY, ET AL.
M S
VOTE: l Y 2 NV 3 Y 4 Y 5 NP (Motion Carried)
00-21 Items removed from the Consent Agenda for Board consideration and
action. (NONE)
Communications
00-22 Communications received and referred. (COPIES OF ALL COMMUNICATIONS
ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
1. Maria Contreras-Sweet, Secretary, Business, Transportation and
Housing Agency; Chair, California Complete Count Committee,
State of California, Business, Transportation and Housing
Agency, writes to the Board to give notice of Butte County's
share of the California Complete Count Committee's allocation
regarding Census information, and providing guidelines for
receipt of the funding. (REFERRED TO CHIEF ADMINISTRATIVE
OFFICER AND DIRECTOR-DEVELOPMENT SERVICES [12-28-99])
ADJOURNMENT: There being no further business before the Board,
the meeting was adjourned at 2 : 2 0 p . m . to reconvene
on Tuesday, January 25, 2000.
Jane Dolan, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
By.
Page 17 Januarv 11, 2000