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HomeMy WebLinkAboutM022200BOARD OF SUPERVISORS MINUTES February 22, 2000 R.J. BEELER, 1st District JANE DOLAN, 2nd District MARY ANNE HOUX, 3rd District CURT JOSIASSEN, 4th District FRED C. DAVIS, 5th District 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. Pledge of Allegiance to the Flag of the United States of America. Invocation - Reverend Stan Henderson, Trinity Presbyterian Church, Oroville. Consent Acrenda 00-52 1. Approval of Minutes - action requested - APPROVE MINUTES OF FEBRUARY 8, 2000. 2. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-189 (APPROPRIATION FOR CONTINGENCIES/HVAC SYSTEM [4 /5 vote required]); B-193 (BEHAVIORAL HEALTH); B-188 (EMERGENCY SERVICES [4 /5 vote required]); AND B-190 (PUBLIC HEALTH). 3. County Library Donations - in accordance with Government Code Section 25355, donations of $500 from Oroville Friends of the Library, $200 from Butte County Council of the Blind, $160 from Chico Friends of the Library, and $100 in anonymous donations have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Page 45 February 22, 2000 February 22, 2000 00-52 4. Butte County Department of Behavioral Health - in accordance with Government Code Section 25355, a donation of $500 from Janssen Pharmaceutical has been received by the Butte County Department of Behavioral Health. Board approval is requested to accept and appropriate the funds which will be utilized to help develop vocational opportunities for severely mentally ill clients - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION; AND APPROVE BUDGET TRANSFER B-197 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 5. Butte County Department of Behavioral Health - in accordance with Government Code Section 25355, a donation of $3,000 from Sierra Nevada Brewing Company has been received by the Butte County Department of Behavioral Health. Board approval is requested to accept and appropriate the funds which will be utilized to help sponsor attendance at the Outdoor Challenge Project for 10 young people - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION; AND APPROVE BUDGET TRANSFER B-198 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 6. Butte County Public Health Department - in accordance with Government Code Section 25355, a donation of $1,000 from the Schering Corporation has been received by the Public Health Department. Board approval is requested to accept and appropriate the funds which will be utilized to increase awareness and education of the risks and dangers of Hepatitis - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION; AND APPROVE BUDGET TRANSFER B-187 (4/5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE. 7. Heart Start Defibrillator - the Butte Creek Canyon Volunteer Fire Company has donated a Heart Start Defibrillator, Model E, Serial #000026038, valued at $3,500 to Butte County Fire - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. 8. Computer Donation - the North State Cooperative Library System has donated a Dell Inspiron 7500 laptop computer, an InFocus LP 755 projection unit, and training on the equipment by a computer consultant to the Butte County Library - action requested - ACCEPT DONATION AND AUTHORIZE A LETTER OF APPRECIATION. Page 46 February 22, 2000 February 22, 2000 00-52 9. waste Service Agreements - Public workshops - Board approval is requested by the Public works Department to conduct three public workshops to be held in the areas of Oroville, Paradise, and Chico. The purpose of the workshops will be to discuss and receive public input on the proposed waste Service Agreements for the County - action requested - APPROVE PROPOSED PLAN AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO CONDUCT THREE PUBLIC WORKSHOPS TO INFORM THE PUBLIC AND TO SOLICIT INPUT ON WASTE SERVICE AGREEMENTS. 10. Butte County Mosquito and Vector Control District - action requested - APPOINT ALLEN K. SEEFELDT, DISTRICT 5 REPRESENTATIVE, TO A VACATED TERM TO END DECEMBER 31, 2001. 11. Area II Developmental Disabilities Planning Board - action requested - APPOINT RAYMOND BAUER TO A TERM TO END JANUARY 1, 2003. 12. Adoption 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 - ADOPT ORDINANCE 3584 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-8-00) 13. Casa Del Rey Unit 1, Planned Unit Development - Subdivision Map - the Casa Del Rey Unit 1, Planned Unit Development Subdivision consists of 20 lots and 3 common areas located on the west side of Pentz Road, Lime Saddle Area, and identified as APN 041-620-001, 002, and 003. The developer has provided improvement bonds to guarantee the construction of roads, drainage, fire protection, and sewer facilities within one year - action requested - APPROVE FINAL MAP; ACCEPT EASEMENTS AS OFFERED IN ITEMS 1 AND 2 OF THE OWNER'S STATEMENT ON BEHALF OF THE ENTITIES NAMED; ACCEPT GRANT, IN FEE SIMPLE, THE ONE FOOT NO-ACCESS STRIPS, AND LOT "J" (NOTE THAT LOT "A" AS OFFERED IN ITEM 3 OF THE OWNER'S STATEMENT IS NOT ACCEPTED AT THIS TIME); AND AUTHORIZE THE CHAIR TO SIGN SUBDIVISION AGREEMENT. Page 47 February 22, 2000 February 22, 2000 00-52 14. Computer Server - Board approval is requested by the Sheriff's Office for the purchase of a computer server for the Jail Division in the amount of $8,000 plus tax. A transfer of funds from the Inmate welfare Fund is also requested to cover the cost of the server - action requested - APPROVE BUDGET TRANSFER B-195 (4/5 vote required); AND APPROVE PURCHASE OF A FIXED ASSET ITEM. 15. Security Fencing and Laptop Computers - Board approval is requested by the Sheriff's Office to purchase security fencing in the amount of $5,824, and two laptop computers in the amount of $5,514 for the Jail Division. Board approval is also requested on a budget transfer from the Inmate welfare Fund to cover the cost of the new equipment, as well as additional expenses associated with maintenance and facilities improvements for the Jail - action requested - APPROVE BUDGET TRANSFER B-194 (4 /5 vote required) AND APPROVE PURCHASE OF FIXED ASSET ITEMS. 16. Sierra Health Foundation Grant - Board approval is requested by the Butte County Department of Behavioral Health to accept and appropriate $23,000 in grant revenue received from the Sierra Health Foundation Grant - action requested - APPROVE BUDGET TRANSFER B-186 (4/5 vote required) ACCEPTING AND APPROPRIATING GRANT REVENUE. 17. State Child Support Reform - as a result of child support reform, and a revised State funding structure, the District Attorney-Family Support Division has received $354,358 in unanticipated revenue to assist in transition costs, and the installation or enhancement of automated case management systems for the Family Support Division. Board approval is requested to accept and appropriate the funds, and to authorize the purchase of an automated voice response telephone system that will interface with the KIDZ automated case management system. A portion of these funds will also fund the additional staffing requested in agenda item 3.21 - action requested - APPROVE BUDGET TRANSFER B-196 (4 /5 vote required) ACCEPTING AND APPROPRIATING UNANTICIPATED REVENUE; CANCEL THE PURCHASE OF THREE FIXED ASSET VEHICLES IN THE FAMILY SUPPORT DIVISION BUDGET AND APPROVE THE PURCHASE OF AN AUTOMATED VOICE RESPONSE TELEPHONE ANSWERING SYSTEM; AND ACCEPT INFORMATION ON ADDITIONAL STAFF FUNDING. 18. Monthly Investment Report - the Treasurer-Tax Collector submits the January 31, 2000, report in accordance with the Butte County Statement of Investment Policy dated July 1, 1999 - action requested - ACCEPT FOR INFORMATION. Page 48 February 22, 2000 February 22, 2000 00-52 19. Adoption 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 - ADOPT ORDINANCE 3585 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-8-00) 20. Adoption 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 - ADOPT ORDINANCE 3586 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-8-00) 21. Introduction of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which adds two positions of Administrative Services Assistant, and five positions of Supervising Family Support Case Manager to the Family Support Division in response to additional funding received from the State (see agenda item 3.17)- action requested - WAIVE READING OF THE ORDINANCE. 22. Introduction of a Salary Ordinance Amendment - the District Attorney-Family Support Division has requested the Personnel Department prepare a salary ordinance amendment which reclassifies the following positions in response to a classification study: one position of Supervising Family Support Case Manager to Supervisor- Family Support Services, one position of Legal Secretary II to Supervising Family Support Case Manager, one position of Auditor-Accountant I to Supervising Family Support Case Manager, one position of Senior Account Clerk to Auditor-Accountant I, one position of Senior Account Clerk to Accounting Specialist, and 13 positions of Senior Account Clerk to Family Support Case Manager I - action requested - WAIVE READING OF THE ORDINANCE. 23. Introduction of a Salary Ordinance Amendment - the welfare Department has requested the Personnel Department prepare a salary ordinance amendment which deletes 56 positions of Eligibility Technician II and adds 56 positions of Employment and Eligibility Technician. The new position classifications are the result of a department wide classification study performed for the welfare Department - action requested - WAIVE READING OF THE ORDINANCE. Page 49 February 22, 2000 February 22, 2000 00-52 24. Introduction of a Salary Ordinance Amendment - the Personnel Department is requesting Board approval of a salary ordinance amendment which incorporates changes included in the Memorandum of Understanding between the County and the Butte County Employees Association - action requested - WAIVE READING OF THE ORDINANCE. 25. Introduction of a Salary Ordinance Amendment - the Administrative Office has requested the Personnel Department prepare a salary ordinance amendment which adds one term position of Deputy Administrative Officer (term to end 9-30-01) to provide additional staffing during the term of several capital facilities projects which include the Juvenile Hall and the Southside Oroville Community Center - action requested - WAIVE READING OF THE ORDINANCE. 26. California State Association of Counties - Resolution Celebrating the Sesquicentennial of the County of Butte - the California State Association of Counties submits its resolution honoring the County of Butte for 150 years of commitment and service - action requested - ACCEPT FOR INFORMATION. 27. Butte County Children and Families Commission - Board approval is requested by the Chair of the Butte County Children and Families Commission for a resolution in opposition of Proposition 28. Proposition 28 would repeal the $.50 per-pack tobacco tax (Proposition 10) which funds critical children's health and preschool education programs including immunizations, quality childcare, smoking prevention for pregnant women, and prenatal care - action requested - ADOPT RESOLUTION 00-21 AND AUTHORIZE THE CHAIR TO SIGN. 28. Resolution in Support of Proposition 13 (2000 Water Bond) - consideration of a resolution in support of Proposition 13, the 2000 Water Bond. The legislation contains provisions which will benefit Butte County through funding for flood projects, ground water management projects, agricultural water conservation projects, and improved water supply reliability - action requested - ADOPT RESOLUTION 00-22 AND AUTHORIZE THE CHAIR TO SIGN. 29. Closure of the Thermalito Afterbay - Board approval is requested by the Sheriff's Office for a resolution which would close areas of the Thermalito Afterbay from March 3, 2000, to March 6, 2000, for the annual speedboat timed racing event - action requested - ADOPT RESOLUTION 00-23 APPROVING CLOSURE AND AUTHORIZE THE CHAIR TO SIGN. Page 50 February 22, 2000 February 22, 2000 00-52 30. Neal Road Right-of-way Exchange - the Neal Road Phase II proposed construction project requires acquisition of three small additional portions of right-of-way between 3.0 and 5.0 miles northeast of State Highway 99 - action requested - APPROVE RIGHT-OF-WAY EXCHANGE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN. 31. Two-way Stop Intersection at Entler Avenue and Southgate Avenue - Board approval is requested by the Public works Department for a resolution which would declare the intersection of Entler Avenue and Southgate Avenue a two- way stop - action requested - ADOPT RESOLUTION 00-24 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT PUBLIC WORKS TO INSTALL APPROPRIATE STOP SIGNS. 32. Three-way Stop Intersection at Riverview Drive and Heritage Road - Board approval is requested by the Public works Department for a resolution which would declare the intersection of Riverview Drive and Heritage Road a three-way stop - action requested - ADOPT RESOLUTION 00-25 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT PUBLIC WORKS TO INSTALL APPROPRIATE STOP SIGNS. 33. Four-way Stop Intersection at Myers Street and Wyandotte Avenue - Board approval is requested by the Public works Department for a resolution which would declare the intersection of Myers Street and Wyandotte Avenue a four- way stop - action requested - ADOPT RESOLUTION 00-26 AND AUTHORIZE THE CHAIR TO SIGN; AND DIRECT PUBLIC WORKS TO INSTALL APPROPRIATE STOP SIGNS. 34. Program Supplement No. M014 Rev 1 - reimbursement of funds for qualified projects under Administering Agency- State Agreement No. 03-5912, modified November 29, 1995, for Federal Aid Projects requires execution of a Program Supplement to the Master Agreement. Program Supplement No. M014 Rev 1 provides funding for reimbursement of construction engineering and costs for the River Road Bridge at Big Chico Creek Project, as well as providing for an Alternative Construction Progress Payment Procedure as referenced in the Local Programs Procedures 98-05, Expedited Payment Procedures - action requested - ADOPT RESOLUTION 00-27 AUTHORIZING EXECUTION OF THE PROGRAM SUPPLEMENT AND AUTHORIZE THE CHAIR TO SIGN. 35. Construction of River Road Bridge Across Big Chico Creek - plans and specifications have been completed for the project - action requested - APPROVE PLANS AND SPECIFICATIONS; ADOPT WAGE SCALE; AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO ADVERTISE FOR BIDS; AND AUTHORIZE THE CHAIR AND THE DIRECTOR OF PUBLIC WORKS TO SIGN PLANS. Page 51 February 22, 2000 February 22, 2000 00-52 36. Quad Knopf, Inc. - Board approval is requested by the Administrative Office for an agreement with Quad Knopf, Inc., for the preparation of an Environmental Impact Report required for the Chico Urban Area Nitrate Compliance Program. It is estimated that the project will take 7 to 12 months to complete, and the maximum amount payable under the agreement is $140,948 (CSA 114 budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11545) 37. Enloe Medical Center - Board approval is requested by the Butte County Department of Behavioral Health for an agreement with Enloe Medical Center for the provision of initial medical evaluations to individuals with urgent or emergency conditions prior to admission to the County's Psychiatric Health Facility. The term of the agreement is July 1, 1999, through June 30, 2000, with a maximum amount payable of $400 per client, not to exceed $72,000 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11533) 38. California Complete Census 2000 Grant Agreement - Board approval is requested by the Development Services Department for an agreement with the State Department of Business, Transportation and Housing for funding under the California Complete Census 2000 Grant. Funds in the amount of $26,737 have been awarded to Butte County to provide outreach programs to ensure a complete and accurate census - action requested - ADOPT RESOLUTION 00-28 ACCEPTING FUNDING; APPROVE GRANT AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN; AND APPROVE BUDGET TRANSFER B-199 (4/5 vote required) ACCEPTING AND APPROPRIATING GRANT FUNDS. 39. KIDZ Joint Powers Agreement (JPA) - Board approval is requested by the District Attorney-Family Support Division for a Joint Powers Agreement for the KIDZ Automated Child Support System. There is no cost to the County for the JPA for fiscal year 1999-2000, and all future costs are reimbursed 1000 with Federal and State funds - action requested - APPROVE JOINT POWERS AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. 40. Butte County Employees Association (General Unit) - Memorandum of Understanding - Board approval is requested by the Personnel Department for a Memorandum of Understanding with the Butte County Employees Association (General Unit) which covers the period of October 1, 1999, through September 30, 2001 - action requested - RATIFY MEMORANDUM OF UNDERSTANDING AND AUTHORIZE THE CHAIR TO SIGN. Page 52 February 22, 2000 February 22, 2000 00-52 41. Public Health waste Tire Survey and Abatement Grant Application - Board approval is requested by the Public Health Department for a grant application to the State Integrated waste Management Board for funds in the maximum amount of $43,513 (1000 State) to survey, identify, and abate illegal tire storage and disposal sites within the County - action requested - ADOPT RESOLUTION 00-29 AUTHORIZING SUBMITTAL OF THE WASTE TIRE ENFORCEMENT GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. 42. State Department of Health Services - Board approval is requested by the Public Health Department for a revenue agreement in the amount of $9,077 (1000 State) with the State Department of Health Services for funds to provide a Chlamydia Awareness and Prevention Project. The term of the agreement is January 1, 2000, through June 30, 2000 - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. R40207) 43. Neal Road Landfill Company, Inc. - Board approval is requested by the Public works Department for an agreement with the Neal Road Landfill Company, Inc., for services designed to prevent the illegal disposal of hazardous waste at the landfill. The term of the agreement is January 1, 2000, through December 31, 2000, with a maximum amount payable of $28,209 (Neal Road Landfill Management Fund) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. (Contract No. X11172) 44. Neal Road Landfill Company, Inc. - Board approval is requested by the Public works Department for an agreement with the Neal Road Landfill Company, Inc., for operation of the refuse compactor at the landfill. The term of the agreement is January 1, 2000, through December 31, 2000, with a maximum amount payable of $166,400 (Neal Road Landfill Management Fund) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO SIGN. (Contract No. X11532) 45. Kennedy/Jenks Consultants - Board approval is requested by the Public works Department for an agreement with Kennedy/Jenks Consultants for the provision of water quality monitoring and reporting for the Neal Road Landfill. The term of the agreement is one year, in an amount not to exceed $51,700 (Neal Road Landfill Management Fund) - action requested - APPROVE LETTER PROPOSAL AND CONTRACTING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR CONTROLLER. (Contract No. X11542) Page 53 February 22, 2000 February 22, 2000 00-52 46. Pacific Gas and Electric Company - Board approval is requested by the Public works Department for an agreement with Pacific Gas and Electric for the relocation of overhead power lines to underground lines at the Paradise Compressed Natural Gas Fueling Facility located at the Paradise Unified School District Service Center. The finalized cost of the project is $14,440 (Compressed Natural Gas Reserve Account). The cost will be shared by the County and the Paradise Unified School District based on usage - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11536) 47. Agricultural water Management Council Memorandum of Understanding (MOU) - Recommendation of the Butte County water Commission - on December 7, 1999, the Butte County water Commission voted to recommend the Board of Supervisors become a signatory to the Agricultural water Management Council MOU. Becoming a signatory to the MOU would enable the County to receive information regarding efficient water management practices at no cost, and would have the potential of putting the County in a more favorable position to receive future funding for these types of programs - action requested - ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY WATER COMMISSION TO BECOME A SIGNATORY TO THE AGRICULTURAL WATER MANAGEMENT COUNCIL MOU AND AUTHORIZE THE CHAIR TO SIGN. 48. Butte-Glenn Community College District - Independent Living Skills Program - Board approval is requested by the welfare Department for an agreement with the Butte- Glenn Community College District for enhancement of the Independent Living Skills Program designed to assist young adults in the transition from foster care to self- reliance. The term of the agreement is October 1, 1999, through June 30, 2000, in the amount of $27,394 (department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11538) 49. Private Industry Council - Board approval is requested by the welfare Department for an amendment to the agreement with the Private Industry Council for the provision of CalwORKs employment services. The amendment extends the term to June 30, 2000, and increases the amount payable to $600,000 (department budget) - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X10904) Page 54 February 22, 2000 February 22, 2000 00-52 50. Private Industry Council - Board approval is requested by the welfare Department for an amendment to the agreement with the Private Industry Council for the provision of welfare-to-work services. The amendment increases the amount payable by $100,000 (department budget) and modifies the services provided to include development of community services work sites and referral and monitoring of eligible CalwORKs participants - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11315) 51. Private Industry Council - Board approval is requested by the welfare Department for a California Trade and Commerce Program agreement with the Private Industry Council. The Private Industry Council, through its partnership with the Butte County Economic Development Corporation, will provide an array of job creation activities and expanding employment opportunities. The term of the agreement is August 13, 1999, through June 30, 2001, with a maximum amount payable of $63,774 (Job Creation Investment Fund) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11540) 52. Architecture Engineering Consulting - Board approval is requested by the welfare Department for an amendment to the agreement with Architecture Engineering Consulting for design services for the South County Employment Center. The amendment increases the maximum amount payable by $40,536 (department budget) as a result of modifications to the construction documents - action requested - APPROVE AGREEMENT AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract No. X11049) 53. State Department of Fish and Game 2000-2001 Deer Hunts - the Butte County Fish and Game Commission, at its meeting of January 4, 2000, voted unanimously to support the G-12 and J- 9 Deer Hunts as recommended by the State Department of Fish and Game - action requested - ACCEPT FOR INFORMATION. 54. Butte County Children and Families Commission - Board approval is requested by the Chair of the Butte County Children and Families Commission to add the Commission as an insured/covered party to any and all of the County's liability insurance programs, including the Faithful Performance Bond Program - action requested - APPROVE ADDITION OF THE BUTTE COUNTY CHILDREN AND FAMILIES COMMISSION TO ANY AND ALL COUNTY LIABILITY INSURANCE PROGRAMS. Page 55 February 22, 2000 February 22, 2000 00-52 55. Job Training Partnership Act (JTPA) - Closeout Plan - on July 1, 2000, the workforce Investment Act replaces the Job Training Partnership Act as the system for providing employment and training services. In accordance with State mandates, the required JTPA Closeout Plan is being submitted for signature - action requested - APPROVE PLAN AND AUTHORIZE THE CHAIR TO SIGN. 56. Advance Step Hire - the Probation Department has requested the Personnel Department prepare an agenda item to approve the advance step hire of a Probation Officer I candidate to step 3 of the salary ordinance based on applicant experience - action requested - APPROVE ADVANCE STEP HIRE OF A PROBATION OFFICER I CANDIDATE TO STEP 3 OF THE SALARY ORDINANCE. 57. Advance Step Hire - the Public Health Department has requested the Personnel Department prepare an agenda item to approve the advance step hire of a Public Health Microbiologist candidate to step 3 of the salary ordinance based on applicant experience and difficulty in obtaining qualified applicants - action requested - APPROVE ADVANCE STEP HIRE OF PUBLIC HEALTH MICROBIOLOGIST CANDIDATE TO STEP 3 OF THE SALARY ORDINANCE. (120) MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM NUMBER 3.45 AMENDED TO READ, "action requested - APPROVE LETTER PROPOSAL AND CONTRACTING AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN...." S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 00-53 Appointments - Commissions and Committees (143) 1. Appointments to committee vacancies MOTION: I MOVE TO APPOINT JANE STIRLING, DISTRICT 1 REPRESENTATIVE, TO THE COMMUNITY ACTION AGENCY, TO A TERM TO END DECEMBER 31, 2002. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 2. Northern Rural Training and Employment Consortium - action requested - APPOINT BOARD MEMBER. MOTION: I MOVE TO APPOINT SUPERVISOR DOLAN, REPRESENTATIVE, AND SUPERVISOR BEELER, ALTERNATE, TO THE NORTHERN RURAL TRAINING AND EMPLOYMENT CONSORTIUM. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 56 February 22, 2000 February 22, 2000 00-53 3. Private Industry Council - action requested - APPOINT AT- LARGE REPRESENTATIVE. MOTION: I MOVE TO APPOINT DEAN MCKELVEY, AT-LARGE REPRESENTATIVE, TO THE PRIVATE INDUSTRY COUNCIL TO A VACATED TERM TO END JUNE 2002. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-54 Update on legislative and budget activities. (232) John S. Blacklock, Chief Administrative Officer, informs the Board that another letter will be forwarded to the Governor's Office regarding State budget issues pursuant to the County's legislative platform. The Legislative Analyst's Office has released information regarding modification of the AB 8 formula which presents some possible solutions to the on-going fiscal problem. Additionally, the Legislative Analyst's Office has prepared an evaluation of the Governor's budget and that information will be made available to the Board. 00-55 Public Employees Retirement System (PERS) - Amendment to Retirement Benefits - Disclosure of Costs - on February 8, 2000, the Board voted to amend the PERS retirement benefits, changing the retirement calculation formula to the 20 at age 55 formula. Pursuant to Government Code Section 7507, a statement of future annual costs must be disclosed at least two weeks prior to the adoption of the final ordinance - action requested - ACCEPT FOR INFORMATION. (FROM 2-8-00) (423) DAVE HOUSER, AUDITOR-CONTROLLER, INFORMS THE BOARD OF THE FUTURE ANNUAL COST OF THE PROPOSED PERS AMENDMENT PURSUANT TO GOVERNMENT CODE SECTION 7507. THERE IS A CHANGE TO THE EMPLOYER RATE OF $0 FOR THIS AMENDMENT. 00-56 Butte County Customer Service Program - presentation to the Board on the status of the County-wide Customer Service Program - action requested - ACCEPT FOR INFORMATION. (482) PRESENTATION TO THE BOARD ON THE STATUS OF THE CUSTOMER SERVICE PROGRAM BY DON TURKO, DIRECTOR OF PERSONNEL; BARBARA MAXEY, DIRECTOR OF CONTRACT EDUCATION, BUTTE COLLEGE; PAT CRAGAR, DIRECTOR OF WELFARE; AND MEMBERS OF THE WELFARE DEPARTMENT'S CUSTOMER SERVICE TEAM. Page 57 February 22, 2000 February 22, 2000 00-57 Statement of Principles - consideration of a recommendation of the Butte County water Commission to approve the Statement of Principles agreed to by the California Department of water Resources and the State water Contractors regarding the proposed beneficial entitlement reduction program - action requested - ACCEPT RECOMMENDATION OF THE BUTTE COUNTY WATER COMMISSION AND APPROVE STATEMENT OF PRINCIPLES. (812) MOTION: I MOVE TO ACCEPT THE RECOMMENDATION OF THE BUTTE COUNTY WATER COMMISSION AND APPROVE THE STATEMENT OF PRINCIPLES. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-58 Agricultural Center Update - Report to the Board - action requested - ACCEPT FOR INFORMATION. (1096) PRESENTATION ON THE STATUS OF THE AGRICULTURAL CENTER BY RICHARD PRICE, AGRICULTURAL COMMISSIONER, AND ED MCLAUGHLIN, COMMITTEE MEMBER. 00-59 Items removed from the Consent Agenda for Board consideration and action. (1332) NONE. RECESS: 9:52 A.M. RECONVENE: 10:04 A.M. 00-60 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.) (1431) 1. SUSHIE ROSE ADDRESSED THE BOARD REGARDING MEDICAL MARIJUANA USE, REQUESTED THE COUNTY BE COMPASSIONATE TOWARD MEDICAL MARIJUANA USERS, AND THAT PROVISIONS BE MADE TO IMPLEMENT THE MEDICAL MARIJUANA LAW. 2. BONNIE METCALF ADDRESSED THE BOARD REGARDING MEDICAL MARIJUANA USE, IMPROPER TREATMENT OF MEDICAL MARIJUANA PATIENTS BY THE BUTTE COUNTY SHERIFF'S OFFICE AND DISTRICT ATTORNEY, AND REQUESTED THE BOARD CONSIDER ACTIONS TO PROVIDE FOR A SUBSTATION FOR DISPENSING IN BUTTE COUNTY. 3. PAMELA KIME ADDRESSED THE BOARD REGARDING MEDICAL MARIJUANA USE AND REQUESTED COMPASSION TOWARD PEOPLE WHO NEED MARIJUANA AS MEDICINE. 4. DAN KOHRDT ADDRESSED THE BOARD REGARDING PROPOSED DEVELOPMENT IN SOUTH BUTTE COUNTY, SUBMITTED AN OUTLINE OF A PROPOSED PROJECT, AND EXPRESSED HIS VIEWS REGARDING COOPERATION WITH THE BOARD AND THE ECONOMIC DEVELOPMENT PROBLEMS FACING SOUTH BUTTE COUNTY. Page 58 February 22, 2000 February 22, 2000 Public Hearincrs and Timed Items 00-61 Public Hearing - County Service Area (CSA) No. 4 (Sierra Del Oro) - Expansion of Powers - consideration of a resolution to expand the powers of CSA No. 4 to allow for funding, installation, operation, and maintenance of street lighting at 13 intersections along the Skyway serving 4,397 parcels located in CSA No. 4 - action requested - ADOPT RESOLUTION APPROVING THE EXPANSION OF POWERS FOR CSA No. 4 AND AUTHORIZE THE CHAIR TO SIGN; APPROVE BUDGET TRANSFER B-191 (4/5 vote required); AND APPROVE CONTRACT WITH REPUBLIC ELECTRIC AND AUTHORIZE THE CHAIR TO SIGN. (FROM 1-11-00) (2332) PUBLIC HEARING OPENED: 10:30 A.M. PUBLIC HEARING CLOSED: 10:34 A.M. MOTION: I MOVE TO ADOPT RESOLUTION 00-30 AS AMENDED TO CORRECT THE GOVERNMENT CODE SECTION REFERENCED IN THE RESOLUTION FROM GOVERNMENT CODE 25210.17 TO GOVERNMENT CODE SECTION 25210.34 AND AUTHORIZE THE CHAIR TO SIGN; APPROVE BUDGET TRANSFER B-191; AND APPROVE CONTRACT WITH REPUBLIC ELECTRIC AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-62 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.) (2660) (**00) 1. DEWEY HARVEY ADDRESSED THE BOARD OPPOSING A PROPOSED VEGETATION CLEARANCE ORDINANCE, AND THE SUBJECT OF NORTH COUNTY VERSUS SOUTH COUNTY. 2. BILL WILSON ADDRESSED THE BOARD REGARDING HIS INABILITY TO OBTAIN INFORMATION FROM THE DISTRICT 1 SUPERVISOR, AND REQUESTED INFORMATION FROM THE DISTRICT 1 SUPERVISOR UNDER THE FREEDOM OF INFORMATION ACT. RECESS: 10:54 A.M. RECONVENE: 11:00 A.M. Page 59 February 22, 2000 February 22, 2000 Public Hearincr and Timed Items 00-63 Public Hearing - Minor Use Permit - Donald and Elizabeth Penland - consideration of an appeal of a condition of a Minor Use Permit (item determined to be categorically exempt from environmental review) to allow a permanent second dwelling unit on property zoned A-R (Agricultural-Residential) and identified as APN 047-490-002. The property is located on the west side of Victor Drive, approximately 425 feet north of Nord Highway, in Nord, north of Chico (MUP 00-04 [SB] ) - action requested - STAFF RECOMMENDS THE BOARD TAKE ONE OF THE FOLLOWING TWO OPTIONS: 1. A. DETERMINE THE ITEM TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15303 (a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND B. SUBJECT TO FINDINGS II (A-D) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "A" OF THE STAFF REPORT DATED FEBRUARY 22, 2000, DENY THE APPEAL AND APPROVE THE MINOR USE PERMIT; OR 2. A. DETERMINE THE ITEM TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15303 (a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND B. GRANT AN EXCEPTION TO THE ROAD IMPROVEMENTS ON VICTOR DRIVE PURSUANT TO BUTTE COUNTY CODE SECTION 20-4 SUBJECT TO THE SPECIAL CIRCUMSTANCES AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000; AND C. SUBJECT TO FINDINGS III (A-D) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "B" OF THE STAFF REPORT DATED FEBRUARY 22, 2000, UPHOLD THE APPEAL AND APPROVE THE MINOR USE PERMIT. (**233) PUBLIC HEARING OPENED: 11:02 A.M. PUBLIC HEARING CLOSED: 11:06 A.M. Page 60 February 22, 2000 February 22, 2000 00-63 Public Hearing - Minor Use Permit - Donald and Elizabeth Penland. MOTION: I MOVE TO DETERMINE THE ITEM TO BE CATEGORICALLY EXEMPT FROM ENVIRONMENTAL REVIEW UNDER SECTION 15303(a) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; GRANT AN EXCEPTION TO THE ROAD IMPROVEMENTS ON VICTOR DRIVE PURSUANT TO BUTTE COUNTY CODE SECTION 20-4 SUBJECT TO THE SPECIAL CIRCUMSTANCES AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000; MAKE THE ADDITIONAL FINDING THAT SIX OF THE SEVEN EXISTING PARCELS ON VICTOR DRIVE ARE ALREADY DEVELOPED WITH A DWELLING UNIT; AND SUBJECT TO FINDINGS III (A-D) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000, AND THE CONDITIONS OF APPROVAL AS DETAILED IN EXHIBIT "B" OF THE STAFF REPORT DATED FEBRUARY 22, 2000, UPHOLD THE APPEAL AND APPROVE THE MINOR USE PERMIT. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 00-64 Public Hearing - Butte County Department of Development Services - Zoning Code Amendment - consideration of a zoning code amendment to Chapter 24 of the Butte County Code to make provisions for temporary asphalt and concrete batch plant uses in conjunction with active, permitted, aggregate mining operations County-wide (ZCA99-02 [CS]) - action requested: 1. ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION AND DENY THE PROPOSED ZONING CODE AMENDMENT; OR 2. IF THE BOARD CHOOSES TO APPROVE THE CHANGES TO ALLOW TEMPORARY ASPHALT AND CONCRETE BATCH PLANTS, THE FOLLOWING ACTIONS SHOULD BE TAKEN: A. DETERMINE THE PROJECT TO BE EXEMPT FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION 15061(b)(3) OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT GUIDELINES AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000; AND B. SUBJECT TO FINDINGS C (1-4) AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000, ADOPT AN ORDINANCE AMENDING THE BUTTE COUNTY CODE AS DETAILED IN THE STAFF REPORT DATED FEBRUARY 22, 2000, AND AUTHORIZE THE CHAIR TO SIGN. (**481) PUBLIC HEARING OPENED: 11:14 A.M. PUBLIC HEARING CLOSED: 11:18 A.M. MOTION: I MOVE TO ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION AND DENY THE PROPOSED ZONING CODE AMENDMENT. S M VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion Carried) Page 61 February 22, 2000 February 22, 2000 Regular Agenda 00-65 CHAIR DOLAN REQUESTED TOM PARILO, DEVELOPMENT SERVICES DIRECTOR, TO CLARIFY INFORMATION ON THE PROPOSED VEGETATION ORDINANCE. (**883) TOM PARILO, DEVELOPMENT SERVICES DIRECTOR, BRIEFLY EXPLAINED THE HISTORY OF THE PROPOSED ORDINANCE AMENDMENT AND STATED THAT THE PROPOSED AMENDMENT IS DIRECTED AT THE SCENIC CORRIDOR ZONE ONLY AT THIS TIME. HE FURTHER STATED THAT THE ITEM IS STILL BEING CONSIDERED BY THE PLANNING COMMISSION, AND IT IS EXPECTED THAT PUBLIC WORKSHOPS WILL BE HELD ON THIS MATTER IN THE NEAR FUTURE. 00-66 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.) (**1003) 1. RUSSELL SCHMIDT ADDRESSED THE BOARD REGARDING THE LACK OF FACILITIES AT THE LAKE, THE UNDERDEVELOPMENT OF THE LAKE, ESPECIALLY FOR BASS FISHERMEN, AND HOW IMPORTANT BASS FISHING IS TO THE ECONOMY OF THE LAKE AND SURROUNDING AREA. 2. RON DAVIS ADDRESSED THE BOARD TO SPEAK AGAINST DEVELOPMENT THAT REDUCES THE QUALITY OF LIFE. 3. VENE THOMPSON ADDRESSED THE BOARD REGARDING ECONOMIC DEVELOPMENT AND TO EXPRESS OPPOSITION TO THE PROPOSED VEGETATION CLEARANCE ORDINANCE. 4. MIKE KELLEY ADDRESSED THE BOARD REGARDING THE COUNTY'S FISCAL POSITION WITH REGARDS TO PROPERTY TAX DISTRIBUTION AND TO ENCOURAGE DENIAL OF THE PROPOSED VEGETATION CLEARANCE ORDINANCE. 5. ED MCLAUGHLIN ADDRESSED THE BOARD REGARDING ECONOMIC DEVELOPMENT IN OUTLINING AREAS AND HIGHLIGHTED THE POSITIVE DEVELOPMENT THAT HAS OCCURRED IN THE COUNTY, INCLUDING SOUTH COUNTY. 6. J. ARNOLD LEE ADDRESSED THE BOARD TO SPEAK AGAINST THE LAWLESS TACTICS OF DAN KOHRDT, AND ENCOURAGED PROPER DEVELOPMENT OF THE AREA, ESPECIALLY THE AREAS AROUND THE AIRPORTS. 7. EMMETT BAKER ADDRESSED THE BOARD TO STATE THAT PEOPLE LIVING IN THE TOWN LIMITS SHOULD NOT HAVE THE POWER OF MAKING DECISIONS FOR PEOPLE LIVING IN THE COUNTRY. Page 62 February 22, 2000 February 22, 2000 00-66 8. JAMES HOOPES ADDRESSED THE BOARD TO QUESTION THE CIRCUMSTANCES SURROUNDING THE KOHRDT PROJECT AND THE CONTROL OF GOVERNMENT IN PERSONAL LIVES. 9. STAN MORGAN ADDRESSED THE BOARD TO SUPPORT PLANNED DEVELOPMENT AROUND LAKE OROVILLE. 10. MICHAEL PIERCE ADDRESSED THE BOARD TO DISCUSS ECONOMIC DEVELOPMENT IN BUTTE COUNTY AND HOW THAT IS HAMPERED BY THE POLITICAL UNREST TAKING PLACE IN THE CITY AND COUNTY. 12. BOB LINSCHIED ADDRESSED THE BOARD TO HIGHLIGHT THE POSITIVE ECONOMIC DEVELOPMENT TAKING PLACE THROUGHOUT THE COUNTY. 00-67 CLOSED SESSION: the Board recessed at 12:01 p.m. to a closed session conference with labor negotiators pursuant to Government Code Section 54957.6: agency negotiators: Donald Turko and William Avery; employee organizations: Butte County Deputy Sheriff's Association (Law Enforcement General Unit and Law Enforcement Management and Supervisory Unit). (**2315) RECONVENE: the Board reconvened at 1:20 p.m. from a closed session conference with labor negotiators pursuant to Government Code Section 54957.6: agency negotiators: Donald Turko and William Avery; employee organizations: Butte County Deputy Sheriff's Association (Law Enforcement General Unit and Law Enforcement Management and Supervisory Unit). (NO ANNOUNCEMENTS) 00-68 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.) (**2374) 1. MICHAEL BROWN ADDRESSED THE BOARD TO DISCUSS THE POOR CONDITION OF ROBINSON MILL ROAD AND THE DISTRIBUTION OF FUNDS FOR ROAD MAINTENANCE. 2. BLYTHE SALMA ADDRESSED THE BOARD INCORPORATION OF FORBESTOWN AND DEVELOPMENT IN THAT COMMUNITY. TO DISCUSS PROPOSED POSSIBLE BUSINESS Page 63 February 22, 2000 February 22, 2000 Communications 00-69 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) 1. Steven S. Stielstra, Senior Land Projects Analyst, Pacific Gas and Electric Company, writes to inform the Board of a project to construct a new 115 kilovolt double circuit power line and associated upgrades at the existing Paradise Substation. This project will upgrade the Paradise area electric system from 60 kilovolts to 115 kilovolts. (REFERRED TO DEVELOPMENT SERVICES AND PUBLIC WORKS [2-9-00]) 2. Brian Larsen, Principal Analyst, Butte County Department of Development Services, submits notification of a public workshop entitled "Can Butte County Agricultural Lands Be Preserved Using Transfer of Development Credits?" The workshop will be held Thursday, March 9, 2000, at 5:00 p.m. at the Chico Masonic Family Center, 1110 W. East Avenue, Chico. 3. David Bunganich, D.C., President, Board of Directors, American Cancer Society, Mountain Valley Unit, writes to the Chair to request a resolution in opposition to Proposition 28 (tobacco tax repeal), and stating that the American Cancer Society, the American Lung Association, and the American Heart Association support this resolution. (SEE ITEM 27) ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 1:29 p.m. to reconvene on Tuesday, March 14, 2000. Jane Dolan, Chair Attest: John S. Blacklock, Chief Administrative Officer and Clerk of the Board By. Page 64 February 22, 2000