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HomeMy WebLinkAboutM022498MINUTES February 24, 1998 R. J. BEELER,1 st District JANE DOLAN, 2nd District MARY ANNE HOUR 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, Dolan, Houx, Josiassen and Chair Davis. 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 - Pastor Steve Grandy, Jubilee on the Ridge, Paradise. 98-56 Items removed from the Consent Agenda for Board consideration and action. 1. Butte Basin Water Users Association - action requested - ACCEPT THE RECOMMENDATION OF THE AGRICULTURAL COMMISSIONER, WATER DIVISION TO RENEW MEMBERSHIP IN THE BUTTE BASIN WATER USERS ASSOCIATION FOR CALENDAR YEAR 1998, AND ADOPT RESOLUTION APPROVING THE BUTTE BASIN WATER USERS ASSOCIATION 1998 BUDGET AND AUTHORIZE THE CHAIR TO SIGN. (NO ACTION TAKEN) 2. 40-Hour Work Week: A. The 40-Hour Work Week Committee of the Management Council has investigated the feasibility of returning the Department of Behavioral Health and Department of Public Health to a 40-hour work week effective April 4, 1998, and has determined that the continuation of current year salary savings and realignment funds available in the Trust Fund will cover the additional costs for 1997-98 - action requested - ADOPT RESOLUTION RETURNING THE BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH (BUDGET CODES 541-001 AND 541-002) TO A 40-HOUR WORK WEEK AND AUTHORIZE THE CHAIR TO SIGN, AND ADOPT RESOLUTION RETURNING THE BUTTE COUNTY DEPARTMENT OF PUBLIC HEALTH - GENERAL SERVICES (BUDGET UNIT 540- 001), AND ENVIRONMENTAL HEALTH (BUDGET UNIT 540- 003) TO A 40-HOUR WORK WEEK AND AUTHORIZE CHAIR TO SIGN. Page 52 February 24, 1998 February 24, 1998 98-56 2. B. The 40-Hour Work Week Committee of the Management Council has investigated the feasibility of returning the Department of Development Services to a 40-hour work week effective April 4, 1998, and has determined that the continuation of current year salary savings will cover the additional costs for 1997-98 - action requested - ADOPT RESOLUTION RETURNING THE BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES (BUDGET UNIT 440-011), BUILDING DIVISION (BUDGET UNIT 440-002), AND PLANNING DIVISION (BUDGET UNIT 480-001) TO A 40- HOUR WORK WEEK AND AUTHORIZE THE CHAIR TO SIGN. 3. County of Butte/Economic 6 Planning Systems/Hofman Company - Board approval is requested for an agreement in the amount of $30,500 between the County, Economic & Planning Systems and Hofman Company for the preparation of a fiscal analysis for the area encompassing the Highway 99 corridor from the southern limits of the City of Chico south to Cottonwood Road including the entire area of the Central Butte General Plan Amendment - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND BUDGET TRANSFER B-174 TRANSFERRING $20,800 IN UNANTICIPATED REVENUE (HOFMAN COMPANY'S SHARE) TO DEVELOPMENT SERVICES, PLANNING DIVISION'S PROFESSIONAL AND SPECIALIZED SERVICES. Consent Agenda 98-57 1. Approval of minutes - action requested - APPROVE MINUTES OF FEBRUARY 4, 1998 and FEBRUARY 10, 1998. 2. Budget transfers - action requested - APPROVE BUDGET TRANSFERS B-166 (CONSOLIDATED COURTS) AND B-167 (APPROPRIATIONS FOR CONTINGENCIES). 3. County Library donations - in accordance with Government Code Section 25355, donations of $1,710 from Chico Friends of the Library, $880 from Friends of the Library, Gridley, $500 from Fraternal Order of Eagles Ladies Auxiliary, 218, Chico, $300 from Loy S. Braley and Joan Regan, Paradise, $100 from Nadine and Dale Doerr, Oroville, $100 from Agenda Club of Paradise have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. Page 53 February 24, 1998 February 24, 1998 98-57 4. Nitrate Action Plan - the Amended Nitrate Action Plan for the Chico Urban Area provides for the authorization of eight sand filter installations within the Chico Urban Area to verify nitrate reduction efficiency of sand filters, and requires the offer of an inspection and sampling easement to the County of Butte. The Public Health Department, Environmental Health Division, has prepared a sand filter installation study plan and is requesting Board acceptance of this plan. All expenses related to the design and installation will be the responsibility of the property owner. County Service Area 114 expenses will be limited to Environmental Health expenses for completion of approximately eight quarterly inspection and sampling visits, which oversight is provided by the Amended Nitrate Action Plan - action requested: A. IN ACCORDANCE WITH THE AMENDED NITRATE ACTION PLAN, APPROVE THE SAND FILTER INSTALLATION STUDY PLAN FOR MATT EGAN AND DAN BOX, MARIPOSA AVENUE, CHICO, APN 048-061-021 AS PREPARED BY ENVIRONMENTAL HEALTH; AND B. ACCEPT THE OFFER OF DEDICATION TO BUTTE COUNTY OF A SEWAGE SYSTEM INSPECTION AND SAMPLING EASEMENT BY MATT EGAN AND DAN BOX, MARIPOSA AVENUE, CHICO, APN 048-061-021. 5. Neal Road Landfill Materials Recovery Facility Request for Proposal - in an effort to comply with AB 939, the Solid Waste Committee reviewed and discussed options for waste stream division efforts and recommends that the Board seek proposals for a Materials Recovery Facility (MRF) at Neal Road Landfill and require that all garbage being disposed at the landfill first be processed through a MFR - action requested - AUTHORIZE THE PUBLIC WORKS DIRECTOR TO PREPARE AND RELEASE A REQUEST FOR PROPOSAL FOR THE INSTALLATION AND OPERATION OF A MATERIALS RECOVERY FACILITY AT THE NEAL ROAD LANDFILL. 6. Clipper Mills Volunteer Fire Company - accept donation of a Van Pelt Fire Engine, VIN 720840, Engine ID# G3642030, value of $3,000 plus $202.50 tax, from the Clipper Mills Volunteer Fire Company. This is a contribution to the cost share program to be matched by an equal sum of $3,202.50 to be spent on equipment for the engine (Community Cost Share Trust) - action requested: A. ACCEPT DONATION OF FIRE ENGINE FROM CLIPPER MILLS VOLUNTEER FIRE COMPANY, APPROVE LETTER OF APPRECIATION AND AUTHORIZE CHAIR TO SIGN; AND B. AUTHORIZE BUDGET TRANSFER B-168. Page 54 February 24, 1998 February 24. 1998 98-57 7. Surplus Property - the Auditor-Controller has transferred a Standard Register Thermo-Bond machine (inventory no. 19190) to purchasing surplus as it has been replaced by newer equipment - action requested - DECLARE ITEM AS SURPLUS AND AUTHORIZE THE PURCHASING AGENT TO SELL. 8. Inmate Welfare Fund - pursuant to Penal Code Section 4025, the Sheriff-Coroner submits an annual itemized report of expenditures from the Inmate Welfare Fund for fiscal year 1996-97 - action requested - ACCEPT FOR INFORMATION. 9. Investments Information Report - the Treasurer-Tax Collector submits the Investments Information Report for January 31, 1998 in accordance with the County's Statement of Investment Policy dated July 1, 1997 - action requested - ACCEPT FOR INFORMATION. 10. North County Community Employment Center - Board approval is requested for a budget transfer of $60,000 previously appropriated for a communication cabling system necessary for the North County Community Employment Center at 2445 Carmichael Drive, Chico from General Services/Communications to the Department of Social Welfare, Rents and Leases. Under new claiming processes that provide that one-time start-up costs associated with the implementation of new programs may be charged directly to the benefiting program, the transfer of these costs to the Welfare Ca1WORKs budget will allow this expenditure to be claimed with no County match required - action requested - APPROVE BUDGET TRANSFER B-169. 11. Palermo Community Clean-Up - Board approval is requested to use up to $1,000 from the Community Development Block Grant Program income to help defray part of the expense of a community clean-up in the Palermo area. The area is made up of households with incomes predominately in the low and moderate categories, making this an approved use of program income - action requested - APPROVE USE OF PROGRAM INCOME FUNDS. 12. Adoption 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 - ADOPT ORDINANCE 3396 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-10-98) Page 55 February 24, 1998 February 24, 1998 98-57 13. Auditor-Controller/Department of Social Welfare (DSW) - Board approval is requested for the addition of three positions to the Auditor-Controller's Office due to implementation of Ca1WORKs. These positions will be flexibly staffed at the Accounting Specialist, Senior Account Clerk or Account Clerk level, and will process supportive service payments for Ca1WORKs participants (child care, ancillary, and transportation). Funding of $36,463 for these positions is available in the DSW budget, and will be included in both department's proposed budgets for 1998-99 - action requested: A. WAIVE READING OF THE ORDINANCE; AND B. APPROVE BUDGET TRANSFER B-170 TO DSW CALWORKS INTERFUND EXPENDITURES, AND ACCEPT AND APPROPRIATE UNANTICIPATED REVENUE FROM DSW TO THE AUDITOR- CONTROLLER. 14. Adoption 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 - ADOPT ORDINANCE 3397 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2- 10-98) 15. Adoption of a salary ordinance amendment adding a 50~ Public Health Nurse III, II, I position (Childhood Injury Prevention Program) - action requested - ADOPT ORDINANCE 3398 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2- 10-98) 16. Pay for Performance Program - action requested - A) APPROVE INCLUSION OF HEALTH OFFICER IN THE PAY FOR PERFORMANCE PROGRAM, AND B) WAIVE READING OF THE SALARY ORDINANCE. 17. Resolution in Appreciation of James Collins for his 22 years as a reserve Deputy Sheriff with the Butte County 5heriff's Office - action requested - ADOPT RESOLUTION 98-22 AND AUTHORIZE THE CHAIR TO SIGN. 18. Resolution Recognizing the 15th Anniversary of the Hispanic Resource Council in March 1998 - action requested - ADOPT RESOLUTION 98-23 AND AUTHORIZE THE CHAIR TO SIGN. 19. Proclamation of Appreciation to Supporters of the Community Wide "True Love Waits" Campaign - action requested - ADOPT RESOLUTION 98-24 AND AUTHORIZE THE CHAIR TO SIGN. Page 56 February 24, 1998 February 24, 1998 98-57 20. Resolution for Closure of the South Afterbay for Speedboat Timed Racing - the Sheriff's Office and the Department of water Resources request Board authorization for the public closure of the South Afterbay to conduct speedboat timed racing from 6:00 p.m. on March 6, 1998 through 6:00 p.m. on March 8, 1998. The area of the public closure will be between Highway 162 south to Hamilton Road from Highway 99 to the easterly right-of- way boundary - action requested - ADOPT RESOLUTION 98-25 AND AUTHORIZE THE CHAIR TO SIGN. 21. Sharon A. Stone - proposed is a contract for services as Interim Director-Personnel at a monthly contract rate of $7,500 - action requested - APPROVE CONTRACT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. (Contract no. X10882) 22. Oroville Hospital - proposed is an agreement for the provision of emergency room and ambulance services 24 hours a day, seven days a week to clients of the Butte County Department of Behavioral Health (BCDBH) commencing July 1, 1997 through June 30, 1998 in the maximum amount of $20,000 (Realignment) - action requested - APPROVE AGREEMENT AND AUTHORIZE CHAIR TO SIGN. (Contract no. X10852) 23. Eldon R. and Margaret L. Faris - proposed is Amendment No. 2 to the lease agreement for the rental of storage and work assemblage space at 2640 Fifth Avenue, Suites 6 & 7, Oroville for the Elections Office. The amendment extends the term to January 31, 2002, with other conditions remaining unchanged - action requested - APPROVE AMENDMENT NO. 1 TO AGREEMENT AND AUTHORIZE CHAIR TO SIGN. (Contract no. X10111) 24. State Off-Highway Vehicle Funding - a grant application has been prepared in the amount of $45,400 for fiscal year 1999-2000 which provides for the removal of snow from the five miles of Humboldt Road from Butte Meadows to ~-mile above the Colby Creek Bridge, where the Jonesville Staging Area is located; snow removal of the staging area parking lot; maintenance and supplies on a County owned sno-cat; and the purchase of a snow grooming machine - action requested - ADOPT RESOLUTION 98-26 APPROVING THE GRANT APPLICATION WHICH AUTHORIZES THE CHIEF ADMINISTRATIVE OFFICER TO SIGN THE APPLICATION AND THE SUBSEQUENT AGREEMENT WITH THE STATE AND AUTHORIZE CHAIR TO SIGN. Page 57 February 24, 1998 February 24, 1998 98-57 25. California Department of Parks and Recreation - the Sheriff-Coroner has prepared an application for a State Off-Highway Vehicle Grant entitled "Jonesville Enforcement Project" for fiscal year 1999-00 in the amount of $11,000 (25$ County match required). The State funding will allow for continued law enforcement services in the Jonesville and Butte Meadows areas on snowmobiles during the winter months between December and April - action requested - ADOPT RESOLUTION 98-27 APPROVING GRANT APPLICATION AND AUTHORIZE CHAIR TO SIGN, AND REQUIRE THE SHERIFF-CORONER TO OBTAIN CONCURRENCE OF BOARD OF SUPERVISORS ON GRANT BUDGET PRIOR TO ACCEPTANCE OF AWARD OF FUNDS. (Auditor's Project no. 90021) 26. Neal Road Landfill - the installation of synthetic cover panels on an additional area of the upper deck of the Landfill, as requested by the Regional Water Quality Control Board, has increased storm water runoff into the tire pit storm water retention basin. The tire pit retention basin does not have the capacity to continue to receive the additional runoff. The landfill operator, Neal Road Landfill Company, has submitted a letter proposal to separate clean storm water generated from the synthetic tarps for discharge off-site - action requested - APPROVE LETTER PROPOSAL AND CONTRACTING AGREEMENT DATED FEBRUARY 6, 1998 AND AUTHORIZE THE DIRECTOR-PUBLIC WORKS TO EXECUTE SUCH AGREEMENT ON BEHALF OF THE COUNTY, SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER AT A COST NOT TO EXCEED $27,930 (NEAL ROAD MANAGEMENT FUND). 27. Butte County Department of Social Welfare (BCDSW)/Butte County Department of Behavioral Health (BCDBH) - memorandum of understanding (MOU) - BCDSW and BCDBH request approval of a MOU for the Options for Recovery Program. The Options for Recovery Program is part of a regional program to help drug-abusing mothers seek treatment for their addiction. In the past, BCDBH has supported the Options for Recovery Program and has committed a portion of the county match through a letter of intent and support included in the primary Options for Recovery contract between BCDSW and Enloe Hospital. This year BCDSW and BCDBH have formalized the collaboration through a separate MOU - action requested - A. APPROVE THE MEMORANDUM OF UNDERSTANDING BETWEEN BUTTE COUNTY DEPARTMENT OF SOCIAL WELFARE AND BUTTE COUNTY DEPARTMENT OF BEHAVIOR HEALTH FOR THE OPTIONS FOR RECOVERY PROGRAM AND AUTHORIZE CHAIR TO SIGN; AND B. ACCEPT UNANTICIPATED REVENUE OF $2,201 (INTERFUND) AND APPROPRIATE FUNDS (WELFARE CHILD ABUSE PREVENTION/PROFESSIONAL AND SPECIALIZED SERVICES)B- 175. Page 58 February 24, 1998 February 24, 1998 98-57 28. Release of Lien - Butte County Department of Social Welfare (BCDSW) - pursuant to the regulations of the Aid to Families with Dependent Children program (AFDC), on December 3, 1996, the Butte County Department of Social Welfare (BCDSW) placed a lien on the property located at 19 Short Avenue, Oroville. The lien was to be evaluated and value established upon sale or disposal of property. The property has since been disposed of and there exists no recoverable value to apply against the BCDSW lien, therefore the department requests authorization to remove the lien - action requested - AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF SOCIAL WELFARE OR DESIGNEE TO EXECUTE AND FILE A "RELEASE OF LIEN" ON THE PROPERTY LOCATED AT 19 SHORT AVENUE, OROVILLE. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.01, MINUTES OF FEBRUARY 10,1998 CORRECTED TO REFLECT SUPERVISOR DOLAN AS NOT VOTING ON THE APPROVAL OF THE CONSENT AGENDA {PAGE 40); AND ITEM 3.16 AMENDED AS FOLLOWS: "Pay for Performance Program - action requested - A) APPROVE INCLUSION OF HEALTH OFFICER IN THE PAY FOR PERFORMANCE PROGRAM, AND B) INTRODUCTION OF A SALARY ORDINANCE AMENDMENT AS PART OF THE PAY FOR PERFORMANCE PROGRAM TO BRING THE SALARY OF THE HEALTH OFFICER UP TO 85$ OF THE MEAN OF THE COMPARABLE COUNTIES BUTTE COUNTY USES FOR SALARY COMPARISONS, RETROACTIVE TO AUGUST 8, 1997". M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 98-58 Appointments - commissions and committees. A. Appointments to committee vacancies. (NONE) 98-59 Update on legislative and budget activities. (107) (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED AS FOLLOWS: 1. AB 718, A PILOT PROGRAM WHEREIN A COUPLE OF BAY AREA COUNTIES AND THREE ADDITIONAL COUNTIES TO BE SELECTED BY THE DEPARTMENT OF SOCIAL SERVICES FOR CHILD WELFARE SERVICE FUNDING, REFERRED TO THE COUNTY'S DIRECTOR-SOCIAL WELFARE; 2. ATTENDANCE AT THE TIMBER COUNTIES SUMMIT ON MARCH 9, 1998 IN TEHAMA COUNTY REGARDING THE TIMBER YIELD TAX WHICH HELPS FUND COUNTY ROADS AND NEEDS OF SCHOOLS; AND 3. LETTER FROM HELYNN M. HILKE, AGENT, BIDWELL PARK GOLD CLUB, INC. (ITEM 8.01 A. ON TODAY'S AGENDA) COMMENDING MARSHA MARTIN (CURRENTLY A CITY OF CHICO EMPLOYEE) AND VEDA MUSLER OF THE AUDITOR'S OFFICE, AND DON WILLIS AND DAVE BROWN OF THE ASSESSOR'S OFFICE FOR THEIR PROFESSIONALISM AND HELPFUL MANNER. Page 59 February 24, 1998 February 24, 1998 98-60 CLOSED SESSION CONFERENCE WITH LEGAL, COUNSEL-ANTICIPATED LITIGATION: 1. Initiation of litigation pursuant to Government Code Section 54956.9(c): One potential case. (189) (REPORT TO THE BOARD ON CONTRA COSTA COUNTY, CITY OF CONCORD V. U.S. GOVERNMENT AND BOARD DIRECTION TO COUNTY COUNSEL TO APPLY FOR PERMISSION TO ENTER THE LAWSUIT AS FRIENDS OF THE COURT BY ROB MACKENZIE, CHIEF DEPUTY COUNTY COUNSEL) 98-61 Agricultural Center - the Agricultural Center Interest Group is preparing a planning concept for a center to combine providers of agricultural services - action requested - ACCEPT DONATION OF $700 BY THE FARM CITY WEEK CELEBRATION COMMITTEE FOR DEPOSIT IN THE AGRICULTURAL CENTER TRUST FUND. (352) MOTION: I MOVE TO ACCEPT DONATION OF $700 BY THE FARM CITY WEEK CELEBRATION COMMITTEE FOR DEPOSIT IN THE AGRICULTURAL CENTER TRUST FUND. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 98-62 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. (EMERGENCY SERVICES OFFICER) a-ND C. ADOPT "DESIGNATION OF APPLICANT'S AGENT RESOLUTION" FOR THE PURPOSE OF OBTAINING CERTAIN FEDERAL FINANCIAL ASSISTANCE UNDER THE DISASTER RELIEF ACT OR OTHERWISE AVAILABLE FROM THE PRESIDENT'S DISASTER RELIEF FUND - action requested - ADOPT RESOLUTION AND AUTHORIZE CHAIR TO SIGN. (454) MOTION: I MOVE TO CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY, AND ADOPT RESOLUTION 98-28 "DESIGNATION OF APPLICANT'S AGENT RESOLUTION" AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 (Unanimously Carried) (BOARD DIRECTION FOR A LETTER IN APPRECIATION OF THEIR ASSISTANCE DURING THE LOCAL EMERGENCY TO STATE ASSEMBLYMAN RICHTER AND CONGRESSMAN HERGER TO BE SIGNED BY THE BOARD CHAIR ON BEHALF OF THE BOARD) Page 60 February 24, 1998 February 24, 1998 98-63 State Department of Corrections - the Probation Department requests authorization to apply for a Federal Violent Offender Incarceration Grant in the maximum grant allowed of $5 million. Through this competitive grant program, funding can be made available to counties who can demonstrate the need for the purpose of constructing additional juvenile detention facilities for violent pre-trial juvenile offenders. The Board has previously approved a juvenile justice needs assessment study which will propose design concepts for the expansion of the Juvenile Hall which will best meet the future juvenile incarceration needs of the county. If the application is approved, federal guidelines will require a county match of 10$ - action requested - 1) AUTHORIZE THE CHIEF PROBATION OFFICER TO SUBMIT THE GRANT APPLICATION TO THE STATE BOARD OF CORRECTIONS; AND 2) ADOPT RESOLUTION THAT THE COUNTY AGREES TO FULFILL THE TERMS OF THE GRANT IF THE APPLICATION IS APPROVED AND AUTHORIZE CHAIR TO SIGN. (994) MOTION: I MOVE TO AUTHORIZE THE CHIEF PROBATION OFFICER TO SUBMIT THE GRANT APPLICATION TO THE STATE BOARD OF CORRECTIONS, AND ADOPT RESOLUTION 98-29 THAT THE COUNTY AGREES TO FULFILL THE TERMS OF THE GRANT IF THE APPLICATION IS APPROVED AND AUTHORIZE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 98-64 California Youth Authority (CYA) - the Chief Probation Officer requests Board authorization to enter into an agreement with CYA for the temporary detention of high risk, violent juveniles. Juvenile Hall staff estimate that at any given time there would be two to three juveniles who would fall into this category and would require temporary detention at CYA. Estimated total expenditures for the remainder of the fiscal year are $35,000 - action requested - ADOPT RESOLUTION AUTHORIZING THE CHIEF PROBATION OFFICER TO ENTER INTO CONTRACT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR- CONTROLLER AND AUTHORIZE THE CHAIR TO SIGN, AND AUTHORIZE BUDGET TRANSFER B-171 IN THE AMOUNT OF $35,000 FROM THE APPROPRIATION FOR CONTINGENCIES (4/5 VOTE REQUIRED). (1843) MOTION: I MOVE TO ADOPT RESOLUTION 98-30 AUTHORIZING THE CHIEF PROBATION OFFICER TO ENTER INTO CONTRACT SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER AND AUTHORIZE THE CHAIR TO SIGN, AND AUTHORIZE BUDGET TRANSFER B-171 IN THE AMOUNT OF $35,000 FROM THE APPROPRIATION FOR CONTINGENCIES (4/5 VOTE REQUIRED). S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) RECESS: 10:05 A.M. RECONVENE: 10:18 A.M. Page 61 February 24, 1998 February 24, 1998 Public Hearings and Timed Items 98-65 General Plan Amendments/Rezones: A. Public hearing - Department of Development Services - consideration of General Plan Amendment from Low Density Residential to Public and Rezone (item determined to be a General Rule exemption from Environmental Review) from A-R (Agricultural Residential) to P-Q (Public-Quasi Public), property located at 1010 Cleveland Avenue, identified as APN 005-417-015, Chico - action requested - SUBJECT TO ENVIRONMENTAL FINDING A, AND GENERAL PLAN CONSISTENCY FINDING A (STAFF MEMORANDUM DATED FEBRUARY 3, 1998), THE PLANNING COMMISSION RECOMMENDS THAT THE BOARD ADOPT A RESOLUTION AMENDING THE GENERAL PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL TO PUBLIC ON THAT PROPERTY IDENTIFIED AS PARCEL APN 005-417-015, AND ADOPT AN ORDINANCE AMENDING THE ZONING CLASSIFICATION FROM A-R TO P-Q ON THAT PROPERTY IDENTIFIED AS PARCEL APN 005-417- 015. (1922) MOTION: SUBJECT TO ENVIRONMENTAL FINDING A, AND GENERAL PLAN CONSISTENCY FINDING A (STAFF MEMORANDUM DATED FEBRUARY 3, 1998), I MOVE TO ADOPT RESOLUTION 98-31 AMENDING THE GENERAL PLAN DESIGNATION FROM LOW DENSITY RESIDENTIAL TO PUBLIC ON THAT PROPERTY IDENTIFIED AS PARCEL APN 005-417-015, AND ADOPT ORDINANCE 3399 AMENDING THE ZONING CLASSIFICATION FROM A-R TO P-Q ON THAT PROPERTY IDENTIFIED AS PARCEL APN 005-417-015 AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 62 February 24, 1998 Februarv 24. 1998 98-65 B. Public hearing - James Lee - consideration of an Amendment of the Butte County General Plan including the Durham Dayton Nelson Area Plan from Orchard and Field Crops to Agricultural Residential and rezone (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended) from A-10 (Agricultural - ten acre parcels) to SR-1 (Suburban Residential - one acre parcels), property located at 2591 Burdick Road, at the southeast corner of Burdick Road and Turner Lane, identified as APN 039-240- 075, Durham - action requested - SUBJECT TO ENVIRONMENTAL FINDINGS A-B, AND GENERAL PLAN CONSISTENCY FINDING A, THE PLANNING COMMISSION RECOMMENDS THAT THE BOARD: A. DENY THE REQUEST FOR AN AMENDMENT TO THE GENERAL PLAN DESIGNATION FROM ORCHARD AND FIELD CROPS TO AGRICULTURAL RESIDENTIAL AND DENY THE REZONE REQUEST FROM A-10 TO SR-1 ON APPROXIMATELY TEN ACRES IDENTIFIED AS APN 039-240-075, OR B. ZF THE BOARD WISHES TO CONSIDER A-5 ZONING, MAKE A MOTION OF INTENT TO APPROVE A REZONE ON THIS PROPERTY TO A-5 AND DIRECT STAFF TO PERFORM THE NECESSARY ENVIRONMENTAL DOCUMENTATION, BOARD REPORT, AND RESCHEDULE FOR THE MARCH 24, 1998 BOARD HEARING. (FROM 5-27-97) (2057) MOTION: I MOVE TO CONTINUE THIS HEARING OPEN TO TUESDAY, MARCH 10, 1998 AT 10:15 A.M. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 98-66 (BOARD DIRECTION TO COUNTY COUNSEL TO RESEARCH WHETHER THE COUNTY CAN GIVE A MONETARY REWARD TO EMPLOYEES IN RECOGNITION OF THEIR HEROIC PERFORMANCE) Page 63 February 24, 1998 February 24, 1998 98-67 Items removed from the Consent Agenda for Board consideration and action. 1. 40-Hour Work Week: A. The 40-Hour Work Week Committee of the Management Council has investigated the feasibility of returning the Department of Behavioral Health and Department of Public Health to a 40-hour work week effective April 4, 1998, and has determined that the continuation of current year salary savings and realignment funds available in the Trust Fund will cover the additional costs for 1997-98 - action requested - ADOPT RESOLUTION RETURNING THE BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH (BUDGET CODES 541-001 AND 541-002) TO A 40-HOUR WORK WEEK AND AUTHORIZE THE CHAIR TO SIGN, AND ADOPT RESOLUTION RETURNING THE BUTTE COUNTY DEPARTMENT OF PUBLIC HEALTH - GENERAL SERVICES (BUDGET UNIT 590- 001), AND ENVIRONMENTAL HEALTH (BUDGET UNIT 590- 003) TO A 40-HOUR WORK WEEK AND AUTHORIZE CHAIR TO SIGN. B. The 40-Hour Work Week Committee of the Management Council has investigated the feasibility of returning the Department of Development Services to a 40-hour work week effective April 4, 1998, and has determined that the continuation of current year salary savings will cover the additional costs for 1997-98 - action requested - ADOPT RESOLUTION RETURNING THE BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES (BUDGET UNIT 440-011), BUILDING DIVISION (BUDGET UNIT 440-002), AND PLANNING DIVISION (BUDGET UNIT 480-001) TO A 40- HOUR WORK WEEK AND AUTHORIZE THE CHAIR TO SIGN. (2266) MOTION: I MOVE TO ADOPT RESOLUTION 98-32 RETURNING THE BUTTE COUNTY DEPARTMENT OF BEHAVIORAL HEALTH (BUDGET CODES 541-001 AND 541-002) TO A 40-HOUR WORK WEEK AND AUTHORIZE THE CHAIR TO SIGN, ADOPT RESOLUTION 98-33 RETURNING THE BUTTE COUNTY DEPARTMENT OF PUBLIC HEALTH - GENERAL SERVICES BUDGET UNIT 540-001), AND ENVIRONMENTAL HEALTH (BUDGET UNIT 540-003) TO A 40-HOUR WORK WEEK AND AUTHORIZE THE CHAIR TO SIGN, AND ADOPT RESOLUTION 98-34 RETURNING THE BUTTE COUNTY DEPARTMENT OF DEVELOPMENT SERVICES (BUDGET UNIT 440-011), BUILDING DIVISION (BUDGET UNIT 440-002), AND PLANNING DIVISION (BUDGET UNIT 480-001) TO A 40- HOUR WORK WEEK AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 64 February 24, 1998 February 24, 1998 Public Hearings and Timed Items 98-68 Public hearing - Larry Gauer - consideration of an appeal of the Development Review Committee's denial of a revised lot line adjustment (item which has been determined to be categorically exempt from environmental review), AP 039-150-048 and 039-190- 034, modifying the boundaries of three lots, property located on the north and south sides of Cosby Avenue and on the west side of Lone Pine Avenue at their intersection, Chico area - action requested - STAFF RECOMMENDS (STAFF REPORT DATED FEBRUARY 10, 1998) THAT THE BOARD DENY THE LOT LINE ADJUSTMENT REQUEST FOR LARRY GAUER ON APN 039-150-048 AND 039-190-034, FINDING THAT THE PROPOSED LOT LINE ADJUSTMENT WOULD MAKE A CONFORMING LOT NONCONFORMING AND CREATE PARCELS THAT ARE SUBSTANDARD WITH RESPECT TO THE ZONING. (3103) (**00) MOTION: I MOVE TO CONTINUE THIS HEARING OPEN TO TUESDAY, MARCH 10, 1998 AT 10:45 A.M. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 98-69 Public hearing - 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: A. ADOPT RESOLUTION CALLING AN ELECTION REGARDING APPROVAL OF SPECIAL TAX WITHIN COUNTY SERVICE AREA 31 (BIGGS SWIMMING POOL) AND AUTHORIZE THE CHAIR TO SIGN; AND/OR B. ADOPT RESOLUTION CALLING AN ELECTION REGARDING APPROVAL OF SPECIAL TAX WITHIN COUNTY SERVICE AREA 34 (GRIDLEY SWIMMING POOL) AND AUTHORIZE THE CHAIR TO SIGN. (614) MOTION: I MOVE TO ADOPT RESOLUTION 98-35 (AMENDED TO INCLUDE THE MULTIPLE PARCEL EXEMPTION AS IS INCLUDED IN COUNTY SERVICE AREA 164 [ANIMAL CONTROL]} CALLING AN ELECTION REGARDING APPROVAL OF SPECIAL TAX WITHIN COUNTY SERVICE AREA 31 (BIGGS SWIMMING POOL) AND AUTHORIZE THE CHAIR TO SIGN, AND RESOLUTION 98-36 (AMENDED TO INCLUDE THE MULTIPLE PARCEL EXEMPTION AS IS INCLUDED IN COUNTY SERVICE AREA 164 [ANIMAL CONTROL]) CALLING AN ELECTION REGARDING APPROVAL OF SPECIAL TAX WITHIN COUNTY SERVICE AREA 39 (GRIDLEY SWIMMING POOL) AND AUTHORIZE THE CHAIR TO SIGN. S M VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 65 February 24, 1998 February 29, 1998 Regular Agenda 98-70 Items removed from the Consent Agenda for Board consideration and action. 1. County of Butte/Economic & Planning Systems/Hofman Company - Board approval is requested for an agreement in the amount of $30,500 between the County, Economic ~ Planning Systems and Hofman Company for the preparation of a fiscal analysis for the area encompassing the Highway 99 corridor from the southern limits of the City of Chico south to Cottonwood Road including the entire area of the Central Butte General Plan Amendment - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND BUDGET TRANSFER B-174 TRANSFERRING $20,800 IN UNANTICIPATED REVENUE (HOFMAN COMPANY'S SHARE) TO DEVELOPMENT SERVICES, PLANNING DIVISION'S PROFESSIONAL AND SPECIALIZED SERVICES. (1801) {***00) MOTION: I MOVE TO APPROVE THE AGREEMENT BETWEEN THE COUNTY OF BUTTE/ECONOMIC & PLANNING SYSTEMS/RANCHO ESQUON PARTNERS IN THE AMOUNT OF $33,000 AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER, AND BUDGET TRANSFER 8- 174 TRANSFERRING $21,800 IN UNANTICIPATED REVENUE (4/5 VOTE REQUIRED) (RANCHO ESQUON PARTNERS SHARE) TO DEVELOPMENT SERVICES, PLANNING DIVISION'S PROFESSIONAL AND SPECIALIZED SERVICES. S M VOTE: l Y 2 N 3 N 4 Y 5 Y (Motion Carried Agreement/Failed to Carry Budget Transfer} 98-71 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.) {NONE) Page 66 February 24, 1998 February 24. 1998 98-72 CLOSED SESSION: The Board recessed at 1:35 p.m. to a lunch recess and closed session conference with legal counsel for anticipated litigation pursuant to Government Code Section 54957.9(a): State Mandates Claim - Tax Shift from Local Governments to Educational Revenue Augmentation Fund (ERAF); public employee performance evaluation pursuant to Government Code Section 54957: 1. Agricultural Commissioner; 2. Chief Administrative Officer; 3. County Counsel; 4. Director- Behavioral Health; 5. Director-Development Services; 6. Director-Information Systems; 7. Director-Libraries; 8. Interim Director-Personnel; 9. Public Guardian; 10. Director-Public Health; 11. Director- Public Works; and 12. Director-Welfare; 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); conference with real property negotiator pursuant to Government Code Section 54956.8: Property: 13960 Highway 99, Chico, AP 047-430-003; Negotiating Parties: County of Butte and William H. Hauselt; Under negotiation: Price, terms and conditions of potential sale; consideration of public employee appointment pursuant to Government Code Section 54957: 1. Director- Personnel (public employee appointment (Director-Personnel) pursuant to Government Code Section 54957 not to be considered at this meeting). Page 67 February 24, 1998 February 24, 1998 98-72 RECONVENE: The Board reconvened at 4:24 p.m. following a lunch recess and closed session conference with legal counsel for anticipated litigation pursuant to Government Code Section 54957.9(a): State Mandates Claim - Tax Shift from Local Governments to Educational Revenue Augmentation Fund (ERAF); public employee performance evaluation pursuant to Government Code Section 54957: 1. Agricultural Commissioner; 2. Chief Administrative Officer; 3. County Counsel; 4. Director-Behavioral Health; 5. Director-Development Services; 6. D i r e c t o r- Information Systems; 7. Director-Libraries; 8. Interim Director-Personnel; 9. Public Guardian; 10. Director-Public Health; 11. Director-Public Works; and 12. Director- Welfare; 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); and a conference with real property negotiator pursuant to Government Code Section 54956.8: Property: 13960 Highway 99, Chico, AP 047-430-003; Negotiating Parties: County of Butte and William H. Hauselt; Under negotiation: Price, terms and conditions of potential sale. (NO ANNOUNCEMENTS) Communications 98-73 Communications received and referred. (COPIES OF ALL COrIIKUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. Helynn M. Hilke, Agent, Bidwell Park Golf Club, Inc. - writes to commend Marsha Martin and Veda Musler of the Auditor's office, and Don Willis and Dave Brown of the Assessor's office for their professionalism and helpful manner. ADJOURNMENT: There being no further business before the Board, the meeting was adjourned at 4:25 p.m. to reconvene on Tuesday, March 10, 1998 at 9:00 a.m. ~. Fred C. Davis, Chair ATTEST: John S. Blacklock, 'ef Administrative Officer and lerk of the B a d of Supervisors By: Page 68 February 24, 1998