HomeMy WebLinkAboutM021098MINUTES
February 10, 1998
R.J. REELER, 1st District
JANE DOLAN, 2nd District
MARY ANNE HOUX 3rd District
CURT JOSIASSEN, 4th District
FRED C. DAMS, 5th District
Call to order - Board of Supervisors room, County
Administration Building, 25 County Center Drive, Oroville.
Present: Supervisors Beeler, Houx, Josiassen and Chair Davis.
Not Present: Supervisor Dolan. John S. Blacklock, Chief
Administrative Officer; Susan Minasian, County Counsel; and
Marion Reeves, Deputy Clerk of the Board.
Pledge of allegiance to the Flag of the United States of
America.
Invocation - Father Troy Powers, St. Thomas the Apostle
Catholic Church, Oroville.
98-33 Items removed from the Consent Agenda for Board consideration
and action.
1. County Service Area 164 (Animal Control) - the County
Clerk-Recorder has identified the election costs
associated with the CSA 164 election conducted on
September 16, 1997 as $67,921.10. These costs will be
paid directly from the CSA 164 budget. The current CSA
164 budget includes an appropriation of $50,632 to cover
election costs. $17,289 in general animal control funds
will be utilized to fund the balance of the election
costs - action requested - APPROVE BUDGET TRANSFER B-149
DECREASING ANTICIPATED REVENUE IN REVENUE CODE 4611074 BY
$46,269, AND REDUCING THE APPROPRIATION IN THE ANIMAL
CONTROL (490) BUDGET 536 ACCOUNT BY $46,269, BRINGING
INTO BALANCE THE AMOUNT APPROPRIATED IN THE ANIMAL
CONTROL (490) BUDGET WITH THE AMOUNT OF AVAILABLE
REVENUE.
Page 33
February 10, 1998
Februarv 10. 1998
96-33 2. Performance Program for Appointed Department Heads -
the Board of Supervisors' subcommittee relating to the
Performance Program for Appointed Department Heads have
met following performance reviews and are recommending
approval of a salary ordinance amendment, retroactive to
August 8, 1997 as previously agreed by the Board, which
provides for initial performance increments as a part of
the Pay for Performance Plan. Salary adjustments are
proposed for four of the Board appointed department heads
and for the Chief Probation Officer, who is an appointee
of the Courts - action requested - ADOPT ORDINANCE
AMENDMENT IMPLEMENTING THE REQUESTED CHANGES EFFECTIVE
AUGUST 8, 1997. (FROM 1-27-98/NO ACTION TAKEN)
Consent Agenda
98-34 1. Approval of minutes - action requested - APPROVE MINUTES
OF JANUARY 27, 1998.
2. Budget transfers - action requested - APPROVE BUDGET
TRANSFERS B-153 (EIRE), B-147 (CLERK OF THE BOARD), B-151
(COUNTY CLERK-RECORDER), AND B-158 (COUNTY CLERK-
RECORDER).
3. County Service Areas 31 (Biggs Swimming Pool} and 34
(Gridley Swimming Pool) - consideration of the adoption
of resolutions calling elections regarding approval of
special taxes in County Service Areas 31 (Biggs Swimming
Pool}, and 34 (Gridley Swimming Pool) - action
requested - SET A PUBLIC HEARING FOR TUESDAY,
FEBRUARY 24, 1998 AT 10:45 A.M. AND DIRECT THE CLERK OF
THE BOARD TO PUBLISH PUBLIC NOTICE.
4. County Library donations - in accordance with Government
Code Section 25355, donations of $100 from Robert and
Josephine Norlie, Magalia, $1,432.82 from Friends of the
Library-Oroville, $1,950 from Chico Friends of the
Library, $100 from Alice Burkart-Roberts, Chico, and
$5,000 from Paradise 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.
5. Economic Development Corporation of Butte
County/Industrial Development Authority - action
requested - APPOINT WALLY SEIDENGLANZ (DISTRICT 1) TO AN
UNEXPIRED TERM ENDING JANUARY 8, 2001.
6. Emergency Medical Care Committee - action requested -
APPOINT JANET ELLIS (HOSPITAL ADMINISTRATOR) TO A TERM TO
EXPIRE JUNE 30, 2000.
Page 34
February 10, 1998
February 10. 1998
98-34
7. County Service Area (CSA) No. 128 (Wildflower Estates) -
the Butte County Local Agency Formation Commission
(LAFCo) approved an expansion of powers to provide
maintenance of the fire suppression system on June 7,
1990, by Resolution No. 96-40. Pursuant to Government
Code Section 57001, the proceeding was not completed
within one year so it has been deemed abandoned, and it
is necessary to begin the application process again -
action requested - ADOPT RESOLUTION 98-19 MAKING
APPLICATION TO LAFCo REGARDING PROPOSAL FOR EXPANDING THE
POWERS OF COUNTY SERVICE AREA NO. 128 (WILDFLOWER
ESTATES).
8. Adoption of an Ordinance Amending Sections 26-12 and 26-
12.1 of the Butte County Code Regarding Additional
Improvement Requirements for Certain Buildings in
Specified Urban and Rural Areas - action requested -
ADOPT ORDINANCE 3394 AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 1-27-98)
9. Certificates of Williamson Act expiration - notice of
nonrenewal has been given as provided in Government Code
Section 51245 for Onstott Orchards, Inc., APN 025-200-026
and 025-200-101; Leah Martin, aka E. L. Gunn, aka Leah
Gunn (Lucky 7 Ranch), APN 038-150-026 and 041-130-019,
and Leah Martin, aka E. L. Gunn, aka Leah Gunn (Clayton
Gunn, et.al), APN 041-030-078 and 041-330-001 - action
requested - APPROVE CERTIFICATES OF WILLIAMSON ACT
EXPIRATION AND AUTHORIZE CHAIR TO SIGN, AND AUTHORIZE
RECORDING OF THE CERTIFICATES OF EXPIRATION.
10. County Clerk-Recorder - Board authorization is requested
for the purchase of specialized roller shelving in
the amount of $14,200 (Recorder's Trust Fund) to provide
public access to County historical official records from
the 1860's - action requested - APPROVE BUDGET TRANSFER
B-150 AND AUTHORIZE PURCHASE OF FIXED ASSET ITEMS.
11. District Attorney - Statutory Rape Vertical Prosecution
Program - the District Attorney's Office has been awarded
a $10,000 program support grant from the National Network
of Children's Advocacy Centers. Five thousand was
received in January, 1998 and the balance will not be
received until July, 1998. Board authorization is
requested to purchase the equipment to complete the
colposcopic equipment necessary for the Butte County
forensic medical examiner to conduct forensic sexual
assault medical examinations of children (MM-6000 MM
package/$3,276; video system with 13" monitor/$5,415; and
a video cassette recorder/ $1,895) in the total amount of
$11,454 (including shipping of $100 and tax of $768) -
action requested - APPROVE BUDGET TRANSFER B-154
RECOGNIZING AND APPROPRIATING $5,000 IN UNANTICIPATED
REVENUE; TRANSFERRING $6,454 FROM ASSET FORFEITURE TRUST
FUND ($5,000 OF THE $6,454 TO BE REIMBURSED UPON RECEIPT
OF THE SECOND GRANT PAYMENT); AND AUTHORIZE PURCHASE OF
FIXED ASSET ITEMS.
Page 35 February 10, 1998
February 10. 1998
98-34 12. Award of bid no. 81-98 - District Attorney vehicles -
bids have been opened for the purchase of a mid-sized
two-door sedan with the low bid from McConnell Chevrolet
of Gridley in the total amount of $19,350 including sales
tax and Department of Motor Vehicles fees - action
requested - AWARD BID.
13. Award of bid no. 81-98 - District Attorney vehicles -
bids have been opened for the purchase of two mid-sized
four-door sedans with the low bid meeting specifications
being Wittmeier Chevrolet of Chico in the total amount of
$19,597.75 each including tax and Department of Motor
Vehicles fees - action requested - AWARD BID.
14. Award of bid no. 81-98 - District Attorney vehicles -
bids have been opened for the purchase of a sub-compact
vehicle with the low bid meeting specifications being S&C
Ford of San Francisco in the total amount of $17,069.87
including sales tax and Department of Motor Vehicles
fees - action requested - AWARD BID.
15. Award of bid no. 69-98 - Welfare Department vehicles -
bids have been opened for the purchase of seven mid-sized
replacement sedans for the Welfare Department with the
low bidder meeting specifications being Larry Geweke Ford
of Yuba City in the total amount of $110,387.65 including
tax - action requested - AWARD BID.
16. Award of bid no. 69-98 - cargo van - bids have been
opened for the purchase of a cargo van for the Welfare
Department with the low bidder being New Jackson Ford of
Martell in the total amount of $17,144.40 including tax -
action requested - AWARD BID.
17. Sheriff-Coroner - requests Board authorization for a
pilot program to determine the cost effectiveness of
totally rebuilding patrol vehicles versus purchase of new
vehicles - action requested - 1) AUTHORIZE FIXED ASSET
(DEMONSTRATION PROJECT) FOR RENOVATING THE VEHICLE; SOLE
SOURCE VENDOR, SHAHEEN CHEVROLET, LANSING, MI. TO
REBUILD/REFURBISH 1991 CHEVROLET CAPRICE POLICE CRUISER,
AND APPROVE BUDGET TRANSFER B-155 TRANSFERRING $13,000
FROM MAINTENANCE TO FIXED ASSETS TO FUND PROJECT.
18. Trial Court Expenditures and Revenue Remittances -
regulations promulgated under AB 233 (Lockyer-Isenberg
Trial Court Funding Act of 1997) requires the County to
submit declarations to the Department of Finance not
later than February 15 regarding trial court expenditures
and remittances of fines, assessments, and penalties to
the State for the period July 1, 1997 through
December 31, 1997. These reports will reduce the amounts
specified in Government Code Section 77201 the County has
to submit to the State for the second half of the fiscal
year - action requested - APPROVE SUBMITTAL OF
DECLARATIONS AND AUTHORIZE THE CHAIR TO SIGN.
Page 36
February 10, 1998
Februarv 10, 1998
98-34 19. Butte County Emergency Services Council - requests Board
approval of the City of Oroville's request of $15,000 for
the current fiscal year from Emergency Management
Assistance (EMA) funds through the County's Emergency
Services Office - action requested - ACCEPT
RECOMMENDATION OF THE BUTTE COUNTY EMERGENCY SERVICES
COUNCIL AND AUTHORIZE PAYMENT, AND APPROVE BUDGET
TRANSFER B-152 APPROPRIATING $15,000 ZN UNANTICIPATED
REVENUE (PORTION OF STATE DISASTER RECOVERY ASSISTANCE
FOR 1997 STORMS) TO THE EMERGENCY SERVICES OFFICE.
20. Adoption of a salary ordinance amendment - the
Executive Judicial Committee has approved the converting
of one Court Reporter position to 1.5 Court Clerk
III/II/I positions (Department budget) - action
requested - ADOPT ORDINANCE 3395 AND AUTHORIZE THE CHAIR
TO SIGN. (FROM 1-27-98)
21. Introduction of a salary ordinance amendment to convert
one Auditor-Appraiser II, I term position and four
Appraiser III, II, I or Appraisal Specialist term
positions, which are due to expire on February 28, 1998,
to regular help positions. The Administration Department
is in agreement with this request. Total cost to the
department for the 1997-98 fiscal year will be $62,250
(Department budget) - action requested - WAIVE READING OF
THE ORDINANCE.
22. Introduction of a salary ordinance amendment for the
Development Services Department, Building Division,
correcting a typographical error assigning the class code
3711 to both the Building Inspector II and Building
Inspector III positions. The correct class codes are
Building Inspector II, class code 3711, and Building
Inspector III, class code 3712 - action requested - WAIVE
READING OF THE ORDINANCE.
23. Resolution Proclaiming February, 1998 as American History
Month in Butte County - action requested - ADOPT
RESOLUTION 98-20 AND AUTHORIZE THE CHAIR TO SIGN.
24. Resolution Authorizing Purchasing Agent to Enter into
Agreements Under $25,000 - the Board of Supervisors
recently adopted new budget policies and procedures
related to fixed assets and budget transfers which are
part of an overall effort to expedite the processing of
routine items and to streamline certain processes within
County departments. The proposed resolution continues
the process of implementing efficiency measures by
increasing the threshold for approval of contracts by the
County's Purchasing Agent from the current $10,000
maximum agreement level to a not to exceed amount of
$25,000 per agreement - action requested - ADOPT
RESOLUTION 98-21 AND AUTHORIZE THE CHAIR TO SIGN.
Page 37
February 10, 1998
February 10, 1998
98-34 25. Report to Board - bid opening for construction of Afton
Road Bridge across Lateral "A", County Project No. 16182-
93-1, State contract no. 03-950894E - action requested -
AWARD CONTRACT TO LOW BIDDER, J.F. SHEA COMPANY, INC., IN
THE AMOUNT OF $329,986.50 AND AUTHORIZE THE CHAIR TO SZGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-
CONTROLLER.
26. Plumas County - Plumas County wishes to continue
contracting with Butte County Department of Behavioral
Health (BCDBH) to provide "acute psychiatric inpatient"
care to residents of Plumas County who are referred for
services by staff of Plumas County Mental Health at the
BCDBH Psychiatric Health Facility. The term of the
agreement is July 1, 1997 through June 30, 1998 in the
maximum amount of $13,791.60 - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN. (Contract no.
R40055)
27. Trinity County - Trinity County wishes to continue
contracting with Butte County Department of Behavioral
Health (BCDBH) to provide "acute psychiatric inpatient"
care to residents of Trinity County who are referred for
services by staff of Trinity County Health Services at
the BCDBH Psychiatric Health Facility. The term of the
agreement is July 1, 1997 through June 30, 1998, in the
maximum amount of $14,000 - action requested - APPROVE
AGREEMENT AND AUTHORIZE CHAIR TO SIGN. (Contract no.
R90054)
28. Richard H. Svihus, M.D. - proposed is a contract for the
provision of psychiatric services commencing February 1,
1998 through June 30, 1998 in the maximum amount of
$65,000 (Realignment/ department budget) - action
requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO
SIGN. (Contract no. X10871)
29. Public Guardian/Department of Behavior Health (BCDBH) -
memorandum of understanding (MOU) - BCDBH wishes to
continue its MOU with the Public Guardian to provide
investigation and administration of conservatorship for
BCDBH clients receiving services. The term of the MOU is
July 1, 1997 through June 30, 1998 in the maximum amount
of $140,000 (Realignment/department budget) - action
requested - APPROVE MOU AND AUTHORIZE THE CHAIR TO SIGN.
(Contract no. X10866)
30. Private Industry Council - Job Training Partnership Act
(JTPA) 8$-50$/CalWORKs Program - the proposed cooperative
agreement for program year 1997 (fiscal year 1997-98)
provides $57,110 (JTPA 8$-50$ Funds) and $57,110 (100
State) through the Department of Education in support of
goals set forth in the JTPA - action requested - APPROVE
COOPERATE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN.
Page 38
February 10, 1998
Februarv 10, 1998
98-34 31. State Department of Health Services - proposed is a
Childhood Injury Prevention Program (contract no. 97-
11014), which will make available $30,000 (100 State)
for the period July 1, 1997 through June 30, 1998 and for
each of the next two fiscal years through June 30, 2000.
These funds will be utilized to hire a part time (50$)
nurse to coordinate child and adolescent injury efforts.
The program's goal is to reduce death, disability and the
cost of child and adolescent injury in Butte County
through the establishment of a Butte County Safe
Community Injury Prevention Program - action requested:
A. APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN
(Contract no. R40052); AND
B. Introduction of a salary ordinance amendment adding
a 50~ Public Health Nurse III, II, I position
(Childhood Injury Prevention Program) - action
requested - WAIVE READING OF THE ORDINANCE.
32. State Department of Health Services - proposed is a
Family Violence Prevention Strategic Planning Project
(contract no. 97-11913), which will make available $4,000
(100 State} for the period of January 1, 1998 through
June 30, 1998, and $6,000 (100 State) for the period of
July 1, 1998 through June 30, 1999. The primary goal of
the project is to develop a family violence prevention
strategic plan that delineates the Public Health
Department's role in the prevention of family violence in
Butte County - action requested - APPROVE CONTRACT AND
AUTHORIZE CHAIR TO SIGN. (Contract no. X40049)
33. State Department of Health Services - proposed is an
Immunization Project (agreement no. 97-11884} which will
make available $67,000 (100$ State) for the period
January 1, 1998 through December 31, 1998. Funding will
be utilized to cover specific activities that will raise
immunization levels of infants, preschool-age and school-
age children. Prevention surveillance and outbreak
control activities will reduce illness, disability and
death due to vaccine preventable diseases such as polio,
diphtheria, tetanus, pertussis, measles, rubella, mumps,
hepatitis B, and hemophilus influenza type B - action
requested - APPROVE AGREEMENT N0. 97-11884 AND AUTHORIZE
CHAIR TO SIGN. {Contract no. R40051)
34. California State University, Chico (CSUC) - Amendment No.
8 - proposed is an amendment to the agreement to provide
no fare bus service on Butte County Transit (BCT) for
CSUC faculty, students and staff. The University
reimburses the County monthly based on actual number of
University faculty, students or staff riding BCT during
the month. Amendment No. 8 addresses the cost of service
not to exceed $15,000 for the time period January 1, 1998
through December 31, 1998 - action requested - APPROVE
AMENDMENT N0. 8 TO AGREEMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract no. R40046)
Page 39 February 10, 1998
Februarv 10, 1998
98-34 35. Private Industry Council, Inc. (PIC) - North County
Employment Center (NCEC) - proposed is amendment no. 2
(dated January 26, 1998) to a sublease of office space at
2445 Carmichael Drive, Chico, to provide that PIC will
ensure that work necessary (as follows) will be completed
prior to occupation of the building: 1) Specifications
for complete communication cabling system to be provided
by landlord at a cost not to exceed $60,000 (Social
Welfare); 2)Landlord will ensure completion of various
change orders, modifications and design changes not
included in the tenant improvements previously specified
in the sublease at a cost not to exceed $100,000 (100$
Federal/State revenues); and 3) Clarifies that the energy
management, fire and security systems installed at the
NCEC are the property of the County and will be removed
when the building is vacated - action requested - APPROVE
AMENDMENT NO. 2 TO SUBLEASE AND AUTHORIZE CHAIR TO SIGN
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-
CONTROLLER. (Contract no. X10523)
(SUPERVISOR DOLAN PRESENT)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE
CORRECTION OF ITEM 3.02 AS FOLLOWS: "APPROVE BUDGET
TRANSFERS B-153 (FIRE), B-147 (CLERK OF THE BOARD),
B-151 (COUNTY CLERK-RECORDER), AND 8-158 (COUNTY
CLERK RECORDER)"; ITEM 3.32 AS FOLLOWS: "THE
PROPOSED COOPERATIVE AGREEMENT FOR PROGRAM YEAR
1997 (FISCAL YEAR 1997-98)"; ITEM 3.36 SHOULD READ
AMENDMENT NO. 8; AND REMOVAL OF ITEMS 3.20 AND
3.22.
S M
VOTE: l Y 2 NV 3 Y 4 Y 5 Y (Unanimously Carried)
Regular Agenda
98-35 Appointments - commissions and committees.
A. Appointments to committee vacancies. (None)
B. Regional Council of Rural Counties (RCRC) - action
requested:
1. CONFIRM/APPOINT DELEGATE AND ALTERNATE TO SERVE ON
THE RCRC BOARD OF DIRECTORS; AND
2. California Rural Home Mortgage Finance Authority
(CRHMFA) - action requested - APPOINT BOARD MEMBER
AND ALTERNATE BOARD MEMBER.
MOTION: I MOVE TO CONFIRM SUPERVISOR BEELER, DELEGATE AND
SUPERVISOR JOSIASSEN, ALTERNATE TO SERVE ON THE
RCRC BOARD OF DIRECTORS AND THE CALIFORNIA RURAL
HOME MORTGAGE FINANCE AUTHORITY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 40 February 10, 1998
February 10, 1998
98-36 Update on legislative and budget activities. (119) (JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED THAT THE
LEGISLATURE IS BEGINNING TO DEVELOP LEGISLATION, AND AS THE
ADMINISTRATIVE OFFICE RECEIVES THE INFORMATION FROM OUR
LOBBYIST, DALE WAGERMAN, THE INFORMATION IS BEING SENT TO
DEPARTMENT HEADS FOR COMMENT. THE ADMINISTRATIVE OFFICE MAY BE
COMING BACK TO THE BOARD BEFORE TOO MUCH LONGER WITH SPECIFIC
RECO1~fENDATIONS ON LEGISLATION. MR. BLACKLOCK THEN INTRODUCED
DAVE MAURER, SOUNDS BY DAVE, AND THANKED HIM FOR HIS WORK ON
THE NEW BOARDROOM SOUND SYSTEM.)
98-37 Invitation to Butte County 4-H Presentation Day, Saturday,
February 28, 1998, 9:00 a.m.-1:00 p.m. - action requested - TO
INVITE TWO SUPERVISORS TO BE NAMED BY THE BOARD CHAIR TO BE
JUDGES AT THIS ANNUAL BUTTE COUNTY 9-H EVENT. (151) (CHAIR
DAVIS NAMED SUPERVISORS BEELER AND JOSIASSEN TO REPRESENT THE
BOARD OF SUPERVISORS AS JUDGES AT THE COUNTY'S 4-H PRESENTATION
DAY ON SATURDAY, FEBRUARY 28, 1998)
98-38 Wetland Mitigation Bank - proposed is amendment no. 1 to the
agreement to allow the Center for Natural Lands Management
(CNLM) to extend the services agreement to complete the
mitigation bank portion of the "Keeney" property; to encumber
$20,000 from the Wetland Mitigation Bank Trust Fund for hours
and direct expenses spent on the project; and approval of a
conservation easement as a condition of the approval of
amendment no. 1 - action requested - ACCEPT RECOMMENDATIONS OF
THE BUTTE COUNTY FISH AND GAME COMMISSION AND APPROVE AMENDMENT
N0. 1 TO AGREEMENT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
AUTHORIZE THE CHAIR TO SIGN; APPROVE THE IRREVOCABLE
CONSERVATION EASEMENT DEED SUBJECT TO APPROVAL OF COUNTY
COUNSEL AND AUTHORIZE THE CHAIR TO SIGN; RECOGNIZE $20,000 IN
UNANTICIPATED REVENUE FROM THE WETLAND MITIGATION TRUST FUND
(RESTRICTED REVENUE), AND APPROVE BUDGET TRANSFER B-148. (320)
MOTION: I MOVE TO ACCEPT THE RECOMMENDATIONS OF THE BUTTE
COUNTY FISH AND GAME COMMISSION AND APPROVE
AMENDMENT N0. 1 TO AGREEMENT SUBJECT TO APPROVAL OF
COUNTY COUNSEL AND AUTHORIZE THE CHAIR TO SIGN;
APPROVE THE IRREVOCABLE CONSERVATION EASEMENT DEED
SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUTHORIZE
THE CHAIR TO SIGN; RECOGNIZE $20,000 IN
UNANTICIPATED REVENUE FROM THE WETLAND MITIGATION
TRUST FUND (RESTRICTED REVENUE), AND APPROVE BUDGET
TRANSFER B-148.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 41
February 10, 1998
February 10, 1998
Butte County Public Facilities Financing Corporation
98-39 Recess at 9:23 a.m. as Board of Supervisors and convene as the
Butte County Public Facilities Financing Corporation Board of
Directors. (476)
A. Approve of minutes - action requested - APPROVE MINUTES
OF FEBRUARY 11, 1997.
MOTION: I MOVE TO APPROVE MINUTES OF FEBRUARY 11, 1997.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
B. Project Status Report - Butte County Court House
Project - action requested - ACCEPT FOR INFORMATION.
MOTION: I MOVE TO ACCEPT THE REPORT AS INFORMATION.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
C. Appointment of new officers (President: Chair Davis; Vice
President: Supervisor Josiassen; Secretary-Treasurer:
Dick Puelicher, Treasurer-Tax Collector).
MOTION: I MOVE TO APPOINT CHAIR DAVIS AS PRESIDENT;
SUPERVISOR JOSIASSEN AS VICE PRESIDENT; AND DICK
PUELICHER, TREASURER-TAX COLLECTOR AS TREASURER-TAX
COLLECTOR.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
D. Public Comment (No One)
E. Other Business (None)
Adjourn at 9:26 a.m. as the Butte County Public Facilities
Financing corporation Board of Directors.
98-40 Midyear budget report - presentation of a midyear report on
revenues and expenditures associated with the current budget
year - action requested - ACCEPT FOR INFORMATION. (553)
RECESS: 9:32 A.M.
RECONVENE: 9:40 A.M.
Midyear budget report - presentation of a midyear report on
revenues and expenditures associated with the current budget
year - action requested - ACCEPT FOR INFORMATION. (553) (REPORT
TO THE BOARD ON THE EXPENDITURE SIDE OF THE BUDGET BY THE CHIEF
ADMINISTRATIVE OFFICER, AND ON THE REVENUE SIDE OF THE BUDGET
BY THE AUDITOR-CONTROLLER)
Page 42
February 10, 1998
February 10, 1998
98-41 Items removed from the Consent Agenda for Board consideration
and action.
1. County Service Area 164 (Animal Control) - the County
Clerk-Recorder has identified the election costs
associated with the CSA 164 election conducted on
September 16, 1997 as $67,921.10. These costs will be
paid directly from the CSA 164 budget. The current CSA
164 budget includes an appropriation of $50,632 to cover
election costs. $17,289 in general animal control funds
will be utilized to fund the balance of the election
costs - action requested - APPROVE BUDGET TRANSFER B-149
DECREASING ANTICIPATED REVENUE IN REVENUE CODE 4611074 BY
$46,269, AND REDUCING THE APPROPRIATION IN THE ANIMAL
CONTROL (490) BUDGET 536 ACCOUNT BY $46,269, BRINGING
INTO BALANCE THE AMOUNT APPROPRIATED IN THE ANIMAL
CONTROL (490) BUDGET WITH THE AMOUNT OF AVAILABLE
REVENUE. (1176} (THE DIRECTOR-PUBLIC HEALTH DIRECTED TO
WORK WITH THE AUDITOR-CONTROLLER ON THE APPROPRIATION IN
THE CSA BUDGET TO COVER ELECTION COSTS AND THE GENERAL
ANIMAL CONTROL FUNDS NEEDED TO FUND THE BALANCE OF THE
ELECTION COSTS, AND RETURN THIS ITEM TO THE BOARD FOR
CONSIDERATION AT AN UNSPECIFIED DATE AND TIME)
Public Hearings and Timed Items
98-42 Continued hearing - renaming of private roads in the Chico
area - Olive Street and Polk Street (from McIntosh Avenue to
End) to Old Chico Way - action requested - 1) CONTINUE
HEARING OPEN TO TUESDAY, MARCH 24, 1998 AT 10:30 A.M.; AND 2)
DIRECT STAFF TO RECONTACT PROPERTY OWNERS ALONG THOSE SECTIONS
OF ROADWAY THAT ARE UNNAMED AND ATTEMPT TO COME TO AN AGREEMENT
ON ESTABLISHING A ROAD NAME. (FROM 11-25-97) (1619)
MOTION: I MOVE TO CONTINUE THIS HEARING OPEN TO TUESDAY,
MARCH 24, 1998 AT 10:30 A.M., AND DIRECT STAFF TO
RECONTACT PROPERTY OWNERS ALONG THOSE SECTIONS OF
ROADWAY THAT ARE UNNAMED IN AN ATTEMPT TO COME TO
AN AGREEMENT ON ESTABLISHING A ROAD NAME.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 43
February 10, 1998
February 10, 1998
98-43 Public hearing - Bruce Roe - consideration of an application
for rezone (item on which a negative declaration with
mitigation measures regarding environmental impacts has been
recommended), APN 048-010-074 (70.3 acres) and a two acre
portion of APN 048-010-075, from A-40 (Agricultural - 40 acre
parcels) to A-20 (Agricultural - 20 acre parcels), property
located on the southeast corner of Diesel Lane and Vispera
Drive, east of the Chico Municipal Airport - action requested -
SUBJECT TO ENVIRONMENTAL FINDINGS A-C, AND GENERAL PLAN AND
ZONING FINDING A (STAFF MEMORANDUM DATED JANUARY 20, 1998),
THE PLANNING COMMISSION RECOMMENDS THAT THE BOARD ADOPT A
NEGATIVE DECLARATION, AND ADOPT AN ORDINANCE FOR CONDITIONAL
REZONING OF A 68 ACRE PORTION OF APN 048-010-074 AND A 2.5 ACRE
PORTION OF APN 048-010-075. (FROM 5-27-97) (1718) (**00)
(STAFF AMENDED ITS JANUARY 20, 1998 MEMORANDUM AS FOLLOWS: THE
PLANNING COMMISSION RECOMMENDS THAT THE BOARD "ADOPT A NEGATIVE
DECLARATION AND ADOPT AN ORDINANCE REZONING TO A-20 AND ADOPT
A RESOLUTION FOR A CONDITIONAL ZONING AGREEMENT OF A 68 ACRE
PORTION OF APN 048-010-074 AND A 2.5 ACRE PORTION OF APN 048-
010-075 AS SHOWN ON ATTACHMENT A. (AN ORDINANCE ZONING A
PORTION OF THE COUNTY OF BUTTE, STATE OF CALIFORNIA, AN A-20
[AGRICULTURAL] DISTRICT, PURSUANT TO SECTION 24-25.40), SUBJECT
TO CONDITION B: PRIOR TO THE RECORDATION OF A FINAL PARCEL MAP
DIVIDING THE SUBJECT PROPERTY, A PLAN FOR A PERMANENT SOLUTION
FOR DRAINAGE SHALL BE SUBMITTED TO AND APPROVED BY THE
DEPARTMENT OF PUBLIC WORKS. THE DRAINAGE PLANS SHALL SPECIFY
HOW DRAINAGE WATERS SHALL BE DETAINED ON-SITE AND/OR CONVEYED
TO THE NEAREST NATURAL OR PUBLICLY MAINTAINED DRAINAGE CHANNEL
OR FACILITY, AND SHALL PROVIDE A 10$ OF A 50 YEAR STORM EVENT
REDUCTION BELOW EXISTING PEAK FLOW RUNOFF TO SAID CHANNEL OR
FACILITY. IMPROVEMENTS SPECIFIED IN THE PLANS SHALL BE
CONSTRUCTED PRIOR TO RECORDATION OF THE FINAL PARCEL MAP", AND
EXECUTION OF THE CONDITIONAL ZONING AGREEMENT, ATTACHMENT B.
(BOARD DIRECTION TO REFER THIS ITEM BACK TO THE DEVELOPMENT
SERVICES DEPARTMENT TO DEVELOP CONDITIONS ADDRESSING THE
LOCATION OF ROADS, LOCATION OF BUILDING SITES [PRIMARY AND
ACCESSORY BUILDINGS], BUILDING TYPE [PERMANENT FOUNDATION),
REDIRECTION OF EXISTING RUNOFF, AND A DRAINAGE SOLUTION.
PUBLIC HEARING CONTINUED OPEN TO TUESDAY, MARCH 10, 1998 AT
10:30 A.M.)
Page 44
February 10, 1998
February 10, 1998
Regular Agenda
98-44 Report to the Board - review of existence of a local
emergency - action requested:
A. CONFIRM NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL
EMERGENCY; OR
B. ADOPT RESOLUTION/PROCLAMATION OF TERMINATION OF A LOCAL
EMERGENCY - action requested - ADOPT RESOLUTION AND
AUTHORIZE THE CHAIR TO SIGN. (396) (REFER TO MINUTE
ORDER 98-45 FOR MOTION)
98-45 Emergency road repairs - flood damage - pursuant to Public
Contracts Sections 20134(a) and 22050, which include provisions
for making emergency repairs for the health and safety of
County residents, Board authorization is requested to proceed
with emergency storm damage repair projects without adoption of
plans and specifications.
MOTION: I MOVE PURSUANT TO GOVERNMENT CODE SECTION 54954.2
(b)(1) THAT THERE IS A NEED TO TAKE IMMEDIATE
ACTION AND THAT THE NEED FOR ACTION CAME TO THE
ATTENTION OF THE BOARD OF SUPERVISORS SUBSEQUENT TO
THE AGENDA BEING POSTED AS SPECIFIED IN 54954.2 (a)
S M
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
MOTION: SUBJECT TO FINDINGS 1-5 (STAFF AGENDA REQUEST FORM
DATED FEBRUARY 9, 1998), I MOVE TO AUTHORIZE THE
DIRECTOR-PUBLIC WORKS TO ENTER INTO EMERGENCY STORM
DAMAGE REPAIR PROJECTS, AND APPROVE BUDGET TRANSFER
B-157 IN THE AMOUNT OF $400,000 FROM APPROPRIATION
FOR CONTINGENCIES-ROAD FUND TO ROAD CONSTRUCTION
CONTRACTS TO PROVIDE THE APPROPRIATION FOR
CONSTRUCTION.
S M
VOTE: l Y 2 Y 3 Y 9 Y 5 Y (Unanimously Carried)
MOTION: I MOVE TO CONFIRM THE NEED FOR CONTINUING THE
PROCLAMATION OF A LOCAL EMERGENCY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 45
February 10, 1998
February 10, 1998
98-46 California Department of Water Resources - 1998 Turn-Back Water
Pool Proqram - action requested - APPROVE AGREEMENT FOR THE
COUNTY'S PARTICIPATION IN THE 1998 TURN-BACK WATER POOL PROGRAM
FOR AN ADDITIONAL 400 ACRE FEET OF WATER (TABLE A ALLOCATION)
AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY
COUNSEL. (818)
MOTION: I MOVE TO APPROVE THE AGREEMENT FOR THE COUNTY'S
PARTICIPATION IN THE 1998 TURN-BACK WATER POOL
PROGRAM FOR AN ADDITIONAL 400 ACRE FEET OF WATER
(TABLE A ALLOCATION) AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-47 Southgate Acres Industry Park (Dennis Rausser) summary
abandonment and right of way exchange - consideration of the
adoption of a Resolution Exchanging Drainage, Flowage and
Public Utility Easements. (1006)
MOTION: I MOVE PURSUANT TO GOVERNMENT CODE SECTION
54954.2 (b)(1) THAT THERE IS A NEED TO TAKE
IMMEDIATE ACTION AND THAT THE NEED FOR ACTION CAME
TO THE ATTENTION OF THE BOARD OF SUPERVISORS
SUBSEQUENT TO THE AGENDA BEING POSTED AS SPECIFIED
IN 54954.2 (a)
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
MOTION: I MOVE FOR A MOTION OF INTENT TO ADOPT THE
RESOLUTION EXCHANGING DRAINAGE, FLOWAGE AND PUBLIC
UTILITY EASEMENTS, TO PREPARE A QUIT CLAIM DEED
FROM THE COUNTY OF BUTTE TO THE APPROPRIATE
PROPERTY OWNERS, AN ACCEPTABLE GRANT DEED FROM THE
PROPERTY OWNERS TO THE COUNTY OF BUTTE, THE
NECESSARY PLANS FOR APPROVAL BY PUBLIC WORKS, AND
TO RELOCATE THE EXISTING DRAINAGE DITCH TO THE
PROPOSED RIGHT OF WAY IN ACCORDANCE WITH THE
APPROVED PLANS.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-48 Public Comment. (PRESENTATIONS WILL BE LIMITED TO FIVE
MINUTES. THE BOARD OF SUPERVISORS IS PROHIBITED BY STATE LAW
FROM TAKING ACTION ON ANY ITEM PRESENTED IF IT IS NOT LISTED ON
THE AGENDA.) (1062)
1. Gifford Massey, Executive Director, Butte County
Employees Association - presented two petitions to the
Board from Public Works Department road crews regarding
an alleged unfair overtime provision in the current
language in the Memorandum of Understanding.
2. LeNora Stevenson, Custer Lane, Oroville - commented on
the letter from Daniel G. Pennington, Chairman,
Integrated Waste Management Board (item 8.01[D] on
agenda) .
Page 46 February 10, 1998
February 10, 1998
98-49 CLOSED SESSION: The Board recessed at 11:30 a.m. to a lunch
recess and closed session conference with
legal counsel for actual litigation pursuant
to Government Code Section 54957.9(a):
1. County of Butte v. Cofer; 2. Duff-
Smith v. Butte County; 3. Penn v. Butte
County; and 9. Del Monte Dunes v. City of
Monterey (Amicus Support) (H. Davis v. Butte
County removed from closed session); a public
employee performance evaluation pursuant to
Government Code Section 54957: 1. Director-
Behavioral Health, and 2. Director-
Personnel; a conference with legal counsel for
anticipated litigation: 1. Initiation of
litigation pursuant to Government Code Section
54956.9(c): Three potential cases; and a
conference with labor negotiator pursuant to
Government Code Section 54957.6: Agency
negotiator: Bill Avery; Employee
organizations: Butte County Employees
Association, Butte County Management Employees
Association, Social Services Workers Unit, and
Butte County Law Enforcement Officers
Association (General Unit and Management-
Supervisory Unit).
RECONVENE: 3:10 P.M.
Regular Agenda
98-50 Budget transfer related to 1998 Winter storms - payment of
accrued vendor related expenses.
MOTION: I MOVE PURSUANT TO GOVERNMENT CODE SECTION
54954.2 (b)(1} THAT THERE IS A NEED TO TAKE
IMMEDIATE ACTION AND THAT THE NEED FOR ACTION CAME
TO THE ATTENTION OF THE BOARD OF SUPERVISORS
SUBSEQUENT TO THE AGENDA BEING POSTED AS SPECIFIED
IN 54954.2(a)
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried}
MOTION: I MOVE TO APPROVE BUDGET TRANSFER B-157 IN THE
AMOUNT OF $111,000 FROM APPROPRIATIONS FOR
CONTINGENCIES TO EMERGENCY SERVICES FOR PAYMENT OF
VENDOR RELATED EXPENSES.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 47
February 10, 1998
Februarv 10, 1998
98-51 Director-Behavioral Health employment contract - the contract,
which expires on August 19, 1998, contains a provision that the
agreement will renew automatically for a term of two years
unless either party gives notice to the other at least one
hundred eighty days prior to expiration of the agreement
(February 19, 1998). This item affords the Board the
opportunity to approve an amendment to extend the employment
contract and to define specific terms and conditions - action
requested - APPROVE AMENDMENT TO EMPLOYMENT CONTRACT FOR
DIRECTOR-BEHAVIORAL HEALTH SUBJECT TO SPECIFIED TERMS AND
CONDITIONS SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
AUDITOR-CONTROLLER. (1359)
MOTION: I MOVE TO APPROVE A NEW CONTRACT FOR THE DIRECTOR-
BEHAVIORAL HEALTH WITH A THREE YEAR TERM SUBJECT TO
STANDARD LANGUAGE THAT THE COUNTY USES IN ITS
CURRENT CONTRACTS, FOR THE BALANCE OF THE CONTRACT
TERM AT THE DIRECTOR'S CURRENT SALARY.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
98-52 CLOSED SESSION ANNOUNCEMENT: The County of Butte and its
Director of Personnel,
Cheryl Meyer, jointly
announce today that they
have mutually agreed to Ms.
Meyer's early separation
from her employment,
effective immediately, as
the County's Director of
Personnel. (A copy of the
Joint Public Information
Statement part of the
records of the Clerk of the
Board)
98-53 PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT
CODE SECTION 54957:
1. County Counsel
MOTION: I MOVE PURSUANT TO GOVERNMENT CODE SECTION 54954.2
(b)(1) THAT THERE IS A NEED TO TAKE IMMEDIATE
ACTION AND THAT THE NEED FOR ACTION CAME TO THE
ATTENTION OF THE BOARD OF SUPERVISORS SUBSEQUENT TO
THE AGENDA BEING POSTED AS SPECIFIED IN 54954.2(a)
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 48
February 10, 1998
February 10. 1998
98-54 CLOSED SESSION: The Board recessed at 3:17 p.m. to a continued
closed session conference with legal counsel
for actual litigation pursuant to Government
Code Section 54957.9(a): 1. County of
Butte v. Cofer; 2. Duff-Smith v. Butte
County; 3. Penn v. Butte County; and 4. Del
Monte Dunes v. City of Monterey (Amicus
Support) (H. Davis v. Butte County removed
from closed session); a public employee
performance evaluation pursuant to
Government Code Section 59957: 1. Director-
Behavioral Health, 2. Director-Personnel,
and 3. County Counsel; a conference with
legal counsel for anticipated Litigation: 1.
Initiation of litigation pursuant to
Government Code Section 54956.9(c): Three
potential cases; and a conference with labor
negotiator pursuant to Government Code Section
54957.6: Agency negotiator: Bill Avery;
Employee organizations: Butte County Employees
Association, Butte County Management Employees
Association, Social Services Workers Unit, and
Butte County Law Enforcement Officers
Association (General Unit and Management-
Supervisory Unit).
RECONVENE: The Board reconvened at 3:33 p.m. following a
continued closed session conference with legal
counsel for actual litigation pursuant to
Government Code Section 59957.9(a): 1. County
of Butte v. Cofer; 2. Duff-Smith v. Butte
County; 3. Penn v. Butte County; and 4. Del Monte
Dunes v. City of Monterey (Amicus Support) (H.
Davis v. Butte County removed from closed session);
a public employee performance evaluation pursuant
to Government Code Section 54957: 1. Director-
Behavioral Health, 2. Director-Personnel,
and 3. County Counsel; a conference with legal
counsel for anticipated litigation: 1. Initiation
of litigation pursuant to Government Code Section
54956.9(c): Three potential cases; and a conference
with labor negotiator pursuant to Government Code
Section 54957.6: Agency negotiator: Bill Avery;
Employee organizations: Butte County Employees
Association, Butte County Management Employees
Association, Social Services Workers Unit, and
Butte County Law Enforcement Officers Association
(General Unit and Management-Supervisory Unit).
(NO ANNOUNCEMENTS)
Page 49
February 10, 1998
February 10, 1998
Communications
98-55 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.)
A. Eloise Anderson, Director, California Department of
Social Services - writes to inform the Board that the
California Department of Social Services is certifying
that the County's Ca1WORKs Plan meets the requirements of
Welfare and Institutions Code Section 10531. Based on
this certification, Butte County may proceed with the
implementation of its Ca1WORKs Program. (REFER TO
DIRECTOR-SOCIAL WELFARE)
B. W. John Schmidt, Executive Director, California
Department of Fish and Game, Wildlife Conservation Board
(WCB) - notifies the Board that the WCB proposes to
acquire a conservation easement over a particular parcel
in Butte County, being located near the town of Honcut.
This proposal is presently scheduled for consideration at
its February 24, 1998, WCB meeting. (REFER TO FISH AND
GAME COMMISSION, COUNTY COUNSEL, ASSESSOR, AND DIRECTOR-
DEVELOPMENT SERVICES)
C. Gerald E. Johns for Edward C. Anton, Chief, Division of
Water Rights, State Water Resources Control Board
(SWRCB), Division of Water Rights - notifies the Board of
the extension of comment period on the Draft
Environmental Impact Report (EIR) for implementation of
the 1995 Bay-Delta Water Quality Control Plan and the
Draft EIR for the consolidated and conformed place of use
for the Federal Central Valley Project to April 1, 1998.
(REFER TO AGRICULTURAL COMMISSIONER/ WATER DIVISION,
COUNTY COUNSEL, AND CHIEF ADMINISTRATIVE OFFICER)
D. Daniel G. Pennington, Chairman, Integrated Waste
Management Board - writes in response to the Board
Chair's letter of January 13, 1998 concerning the
Emergency Waste Tire Regulations. The Board will
consider the removal of exclusions from the waste tire
permitting requirements at its January 28, 1998 meeting.
(REFER TO COUNTY COUNSEL, DIRECTOR-DEVELOPMENT SERVICES
AND CHIEF ADMINISTRATIVE OFFICER)
E. Paula Schulz, State Hazard Mitigation Officer, Governor's
Office of Emergency Services, Disaster Assistance
Programs Branch - notifies the County that the Federal
Emergency Management Agency (FEMA) has obligated funding
for the Thermalito Drainage Project in the total approved
project costs of $115,563/Hazard Mitigation Grant Program
funds obligated of $86,672/date obligated January 21,
1998. (REFER TO SUPERVISOR BEELER, EMERGENCY SERVICES
OFFICER, DIRECTOR-PUBLIC WORKS AND CHIEF ADMINISTRATIVE
OFFICER)
Page 50
February 10, 1998
Februarv 10. 1998
98-55 F. Becky A. Woods, Concerned Citizens of Messilla Valley,
contract person - writes to thank the Board for their
letter of response to the United States Board on
Geographic Names. The California Advisory Board's
recommendation (on January 13, 1998) was unanimous to
deny the name "Butte Valley" to the junction of Clark
Road and the Durham Pentz Road. The California Advisory
Board's recommendations have been forwarded to the United
States Board on Geographic Names in Reston, Virginia
where the final decision will be made. They express
their gratitude to the individual Board members for their
time and effort, and especially, Mr. Brian Larsen of the
Development of Development Services. (REFER TO DIRECTOR-
DEVELOPMENT SERVICES)
ADJOURNMENT: There being no further business before the
Board, the meeting was adjourned at 3:33 p.m.
to reconvene on T ay, February 24, 1998 at
9:00 a.m.
J
Fred C. Davis, Chair
ATTEST:
John S. Blackloc Chief Administrative Officer
and Jerk of t Board of Supervisors
By: ~
Page 51
February 10, 1998