HomeMy WebLinkAboutM030999BOARD OF SUPERVISORS
-MINUTES
R.J. BEELER, 1 ~` District
JANE DOLAN, 2N° District
MARY ANNE ROUX, 3'~ District
CURT JOSIASSEN, 4~' District
FRED C. DAVIS, 5~' District
March 9, 1999
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 - Pastor Bud Chauvin, Calvary Chapel, Chico.
99-60 Items removed from the agenda for Board consideration and action.
"~ 1. Budget Transfers - action requested - APPROVE BUDGET
TRANSFERS B-203 {FIRE},
2. Board Calendar Modification - Board approval is requested
to schedule a Special Meeting of the Board of Supervisors,
to be held Tuesday, March 16, 1999, at 9:00 a.m., for the
purpose of conducting Public Employee Performance
Evaluations pursuant to Government Code Section 54597 {a
Closed Session matter) - action requested - APPROVE BOARD
CALENDAR MODIFICATION AND SET A SPECIAL MEETING OF THE
BOARD OF SUPERVISORS FOR TUESDAY, MARCH 16, 1999, AT
9:00 A.M.
ITEM 1 IS REMOVED FROM THE AGENDA. TO BE CONSIDERED AT THE
MEETING OF MARCH 23, 1999.
Consent Agenda
99-61 1. Approval of Minutes - action requested - APPROVE MINUTES OF
FEBRUARY 23, 1999.
2. Budget Transfers - action requested -- APPROVE BUDGET
TRANSFERS B-202 {SUPERIOR COURT); AND B-197 (LIBRARY [4/5
vote required.
Page 60 March 9, 1999
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March 9, 1999
99-61 3. County Library Donation - in accordance with Government
Code Section 25355, a donation of $3,670 from Chico Friends
of the Library has been received for the Butte County Trust
Fund for the purchase of books - action requested - ACCEPT
DONATION AND AUTHORIZE A LETTER OF APPRECIATION.
4. West Feather River Levee Reconstruction Agency - Joint
Exercise of Powers Committee - action requested - APPOINT
ROB MACI{ENZIE, CHIEF DEPUTY COUNTY COUNSEL, ALTERNATE
DIRECTOR.
5. Digital Whiteboard Purchase - Board approval. is requested
by the County Clerk - Recorder for the purchase of a
digital whiteboard in an amount not to exceed $2,800
(department budget) to be used for training of precinct
officers - action requested - APPROVE PURCHASE OF A FIXED
ASSET ITEM.
6. Surplus Equipment - a listing of seven vehicles and three
equipment items has been prepared which represents fixed
asset items no longer needed by County departments and
transferred to "surplus property" - action requested -
DECLARE ITEMS SURPLUS TO THE NEEDS OF THE COUNTY AND
AUTHORIZE DYSPOSAL OF THE PROPERTY BY THE PURCHASING AGENT
IN ACCORDANCE WITH COUNTY POLICY. ,,,_,,,
7. Computer Purchase - Board approval is requested by the
Sheriff's Office for the purchase of two personal computers
in the estimated amount of $2, 700 each, for the purpose of
providing Peace Officer Standards and Training (POST)
approved computer training far the Sheriff's Office. The
Commission on Peace Officer Standards and Training has
agreed to reimburse the County the full cost of the
computers -- action requested - APPROVE BUDGET TRANSFER
B-209 ACCEPTING AND APPROPRIATING $5,400 IN UNANTICIPATED
REVENUE (4/5 vote required); AND APPROVE THE PURCHASE OF
FIXED ASSET ITEMS.
8. Card Access System - Board approval is requested for the
sole source purchase of an IdentiPASS Access and Bodging
Card system from Advance Sound and Electronics in the
amount of $34,987 (Ca1WORKs/department budget) far the
Welfare Department offices located at 1 and 3 County Center
Drive - action requested - APPROVE SOLE SOURCE PURCHASE.
Page 61 March 9, 1999
March 9, 1999
99-61 9. Natural Resource Conservation Service (NRCS} Project
Reimbursement - the Butte County Emergency Services Office
has received funds from the State of California to
reimburse the County far expenses incurred on the NRCS
Parrot-Phelan Flood Restoration Project. The following
departments have eligible reimbursement expenses: Office of
Emergency Services - $7,200; Public Works Department -
$25,770; and Legal Counsel - $19,583 - action requested -
APPROVE ALLOCATION OF UNANTICIFATED REIMBURSEMENT BY THE
STATE OF PRIOR YEAR COUNTY GENERAL FUND EXPENDITURES AS
FOLLOWS:
A. APPROVE BUDGET TRANSFER B-207 APPROPRIATING $7,200 TO
EMERGENCY SERVICES SPECIAL DEPARTMENTAL EXPENSE TO BE
UTILIZED FOR YEAR 2000 PROJECTS (4/5 VOTE REQUIRED);
AND
B. AUTHORIZE THE TRANSFER OF FUNDS TO THE FOLLOWING FLOOD
CONTROL PROJECT TRUST FUNDS (4/5 VOTE REQUIRED}:
1. $25,770 TO F-1294, ROCK CREEK/ KEEFER SLOUGH FLOOD
CONTROL PROJECT FUND; AND
2. $19,583 TO F-1292, FLOOD CONTROL PROJECTS FUND.
10. Early Periodic Screening Diagnosis and Treatment (EPSDT) -
the State Department of Mental Health has instituted a new
reimbursement approach to EPSDT services payments. This
change has resulted in $1,175,722 in unanticipated revenue
being received by the Butte County Department of Behavioral
Health (BCDBH) far fiscal year 1998/99. BCDBH is
requesting Board approval to accept and appropriate
$600,000 of the unanticipated revenue and to utilize these
funds to saver a total of 17 new Regular Help positions
(effective April 5, 1999), Extra Help expenses incurred for
EPSDT services, and staff support costs - action
requested - APPROVE BUDGET TRANSFER B-208 ACCEPTING AND
APPROPRIATING $600,000 IN UNANTICIPATED REVENUE (4/5 vote
required); AND WAIVE READING OF THE SALARY ORDINANCE
AMENDMENT.
Page 62 March 9, 1999
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March 9, 1999
99-51 11. Child Welfare Services and Adult Protective Services -
Senate Bill 2199 and Assembly Bill 1780 amend the Elder
Abuse and Dependant Adult Civil Protection Act and require
counties to implement new protective programs for adults no
later than May 1, 1999. Additional revenues were allocated
to counties for these new requirements with no additional
county match required. The Department of Social Welfare is
requesting the Board accept new revenue in the amount of
$152,000 for Adult Protective Services and $95,000 for
Child Welfare Services and approve the addition of 22 new
positions in support of these programs - action requested -
APPROVE BUDGET TRANSFER B-204 ACCEPTING AND APPROPRIATING
$152,000 IN NEW REVENUE FROM ADULT SERVICES LEGISLATION AND
$95,000 FROM CHILD WELFARE SERVICES EMERGENCY WORKLOAD
RELIEF LEGISLATION (4/5 vote required); AND WAIVE READING
OF THE SALARY ORDINANCE AMENDMENT.
12. Mid-year Budget Adjustment - in response to a mid-year
budget analysis, the Director of Social Welfare is
requesting the Board accept and appropriate new revenue as
detailed in "Attachment A" of the agenda item. The
unanticipated revenue represents augmentations to
allocations received from Adult Protective Services and
Child Welfare Services. Board authorization is also
requested for the purchase of two laser printers in the
estimated amount of $3,000 each, and that $1,500 of the
increase be attributable to cellular phones and pagers and
transferred to the Information Systems Department -
action requested - APPROVE BUDGET TRANSFER B-205 ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE (4/5 vote
required); AND APPROVE THE PURCHASE OF FIXED ASSET ITEMS.
13. InfoPeople Grant Program - on November 10, 1998, the Board
approved a grant application to the InfoPeople Grant
Program for the purpose of assisting the Chico and Durham
Libraries in obtaining/maintaining internet access. The
grant amounts have been awarded and Board approval is
requested to accept and appropriate $6,000 in unanticipated
grant funds for the Chico Library for the purchase of two
internet computers, and $1,000 in unanticipated grant funds
for the Durham Library which will be used to install a
telephone line and pay for internet account expenses. The
California State Library will purchase the InfoPeople
internet computer for the Durham Library - action
requested - APPROVE BUDGET TRANSFER B-201 (4/5 vote
required) ACCEPTING AND APPROPRIATING UNANTICIPATED GRANT
REVENUE; AND ACCEPT AND ACKNOWLEDGE THE INFOPEOPLE INTERNET
COMPUTER FOR THE DURHAM LIBRARY.
Page 63 March 9, 1999
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March 9, 1999
99-51 14. Adoption of a salary ordinance amendment - the Sheriff-
Coroner has requested the Personnel Department prepare a
salary ordinance amendment to flexibly staff one budgeted
position of Supervisor-Staff Support Services to
Supervisor-Staff Support Services or Supervisor-Clerical
Support Services to allow the department greater
flexibility in the selection and training of staff -
action requested - ADOPT ORDINANCE 3493 AND AUTHORIZE THE
CHAIR TO SIGN. (FROM 2-23-99)
15. Introduction of an Ordinance Adding Article XX, Entitled
"Fire Department" to Chapter 2 and Repealing Subsection (b)
of Section 26-3.2 of the Butte County Code - Board approval
is requested by the Fire Warden to adopt an ordinance which
will add the title of "County Fire Chief" to the present
position of County Fire Warden and amend the duties of the
County Fire Chief to include enforcement of the building
standards adopted by the California State Fire Marshall as
published in the California Building Standards Code
relating to fire, panic, and life safety - action
requested - WAIVE READING OF THE ORDINANCE.
1b. Introduction of a salary ordinance amendment - the
Probation Department has requested the Personnel Department
prepare a salary ordinance amendment which would add one
position of Probation Technician to the Probation
Department in support of the Victim Witness Program. The
Office of Criminal Justice Planning has set aside funds in
the fiscal year 1998/99 Victim Witness Grant extension to
fully fund this position with no County match required -
action requested - APPROVE BUDGET TRANSFER B-200 ACCEPTING
AND APPROPRIATING UNANTICIPATED REVENUE (4/5 vote
required); AND WAIVE READING OF THE ORDINANCE.
17. Introduction of a salary ordinance amendment - the Superior
Court of California, County of Butte, has requested the
Personnel Department prepare a salary ordinance amendment
which converts one term position of Court Services
Cooz'dinator II to a regular help position, Funding for
this position will be provided through State Trial Court
Funding - action requested - WAIVE READING OF THE ORDNANCE.
18. Resolution in Appreciation of Richard McMillian upon
Retirement from the California Highway Patrol - action
requested - ADOPT RESOLUTION 99-35 AND AUTHORIZE THE CHAIR
TO SIGN.
Page 64 March 9, 1999
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March 9, 1999
99-61 19. Resolution in Appreciation of Dick Cassady - for 37 years
of service to the Butte County Fair - action requested --
.-_~,
ADOPT RESOLUTION 99-36 AND AUTHORIZE THE CHAIR TO SIGN.
20. Resolutions approving transfer of current franchise
agreements - Board approval is requested to approve two
resolutions (one for the Oroville/Gridley service area and
one for the Town of Paradise service area) which will
transfer the current County franchise agreements with TCI
Cable to MediaOne in response to a company exchange of
cable systems - action requested - DIRECT COUNTY COUNSEL
AND THE ADMINISTRATIVE OFFICE TO PREPARE RESOLUTIONS 99-37
AND 99-3$ APPROVING THE TRANSFER OF CURRENT FRANCHISE
AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN.
21. Introduction of a speed zone ordinance - the Public Works
Department is requesting Board approval of an ordinance
which will establish a speed Limit of 45 miles per hour on
Oroville Quincy Highway, from 1.73 miles south of Bald Rock
Road to 0.19 miles north of Bald Rock Road - action
requested - WAIVE READING OF THE ORDINANCE.
22. Thomas J. Lancaster, M.D. - Amendment A - the Butte
County Department of Behavioral Health is requesting Board
approval of an amendment to the agreement to provide
psychiatric services and oversight of medical treatment of
clients. This amendment increases the maximum amount
payable to an amount not to exceed $167,050 (an increase of
$9,675 [realignment]). The term of the agreement remains
July 1, 1998, through June 30, 1999 - action requested -
APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO SIGN SUBJECT
TO APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER.
(Contract No. X10977) (FROM 2-23-99)
23. James R. Glover, M.D. - Amendment A - the Butte County
Department of Behavioral Health is requesting Board
approval of an amendment to the agreement to provide
psychiatric services and oversight of medical treatment of
clients. This amendment increases the maximum amount
payable to an amount not to exceed $201,075 (an increase of
$50,650 [realignment]). The term of the agreement
remains July 1, 1998, through June 30, 1999 - action
requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND
THE AUDITOR-CONTROLLER. (Contract No. X18976) (FROM 2-23-
99}
Page 65 March 9, 1999
March 9, 1999
99-61 24. Richard H. Svihus, M.D. - Amendment A - the Butte County
Department of Behavioral Health is requesting Board
approval of an amendment to the agreement to provide
psychiatric services and oversight of medical treatment of
clients. This amendment increases the maximum amount
payable to an amount not to exceed $173,805 (an increase of
$39,830 [realignment]). The term of the agreement
remains July 1, 1998, through June 30, 1999 -- action
requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN SUBJECT TO AFPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER. (Contract No. X10975) (FROM 2-23-99)
25. Mentally Ill Offender Crime Reduction (MIOCR) Phase I -
Planning Grant - on December 15, 1998, the Board approved
the submission of a MIOCR Planning Grant to the State Board
of Corrections. A planning grant in the amount of $31,500
has been awarded to the Sheriff's Office, and proposed is a
Memorandum of Understanding (MOU) between the Sheriff's
Office and the Butte County Department of Behavioral Health
for the provision of services as outlined in the grant.
The term of the MOU is December 1, 1998, through
March 31, 1999 - action requested - APPROVE BUDGET TRANSFER
B-7.95 ACCEPTING AND APPROPRIATING $31,500 IN UNANTICIPATED
REVENUE (4/5 vote required); AND APPROVE MOU AND AUTHORIZE
THE CHAIR TO SIGN.
26. Mentally I11 Offender Plan and Grant Application - Board
approval is requested by the Butte County Mentally Ill
Offender Crime Reduction {MTOCR) Strategic Planning
Committee for a grant application in the estimated amount
of $700,000 to fund Forensic Behavioral Health Services and
Probation Services which are designed to result in a
reduction of mentally ill offenders being arrested - action
requested -- APPROVE MIOCR STRATEGIC PLAN AND AUTHORIZE
SUBMISSION OF THE PLAN AND GRANT APPLICATION TO THE
CALIFORNIA DEPARTMENT OF CORRECTIONS.
Page b6 March 9, 1999
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March 9, 1999
99-61 27. Butte Anti-drug Special Supervision (BASS} - Probation
Intergovernmental Memorandum of Understanding (MOU} - Board ._.__
approval is requested by the Probation Department for an
MOU with other local law enforcement agencies to
collaborate in submittal of the BASS Grant. This grant
provides State funding for increased supervision and
surveillance of persons on probation that may be involved
in drug or gang activity. This agreement will be
automatically extended each year concurrent with grant
funding, with the Probation Department acting as lead
agency for the grant - action requested - APPROVE BUDGET
TRANSFER B-199 ACCEPTING AND APPROPRIATING $78,065 IN
UNANTICIPATED GRANT' REVENUE (4/5 vote required}; AND
APPROVE THE MOU AND AUTHORIZE THE CHIEF PROBATION OFFICER
TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND THE
AUDITOR-CONTROLLER.
28. Medi-Cal Outreach Grant - Board approval is requested by
the Public Health Department for a grant application to the
State Department of Health Services for a Medi-Cal Outreach
Grant (No. 98-15611} in the amount of $216,900 {$192,210 in
new State funds and $21,960 in matching existing County
funds} for the provision of outreach activities to Medi-Cal
eligibles and beneficiaries. This program covers the
period of January 1, 1999, through September 30, 1999, and
will require an appropriation to cover two new term Public
Health Assistant positions (terms to end 9-30-99}.
Operating expenses and a sub-contract with the Del Norte
Clinics are also included - action requested - APPROVE
BUDGET TRANSFER B-198; APPROVE AGREEMII~Tr WITH THE STATE AND
AUTHORIZE THE DIRECTOR OF PUBLIC HEALTH TO SIGN SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR-CONTROLLER; AND
WAIVE READING OF THE SALARY ORDINANCE AMENDMENT.
29. California State University, Chico (CSUC} - Amendment No. 9
to Agreement to Provide No Fare Bus Service on Butte County
Transit for CSUC Faculty, Students, and Staff - Board
approval is requested by the Public Works Department for an
agreement with CSUC to provide free transportation services
on Butte County Transit for CSUC faculty, students, and
staff. CSUC has agreed to reimburse the County the cost of
the services, not to exceed $18,000 for the period of
January 1, 1999, through December 31, 1999 - action
requested - APPROVE AMENDMENT AND AUTHORIZE THE CHAIR TO
SIGN. (Contract No. R40046}
Page 67 March 9, 1999
March 9, 1999
99-61
3Q. Butte County Display at the State Capitol - the
Administrative Office staff has received suggestions from
the public to update the Butte County display located at
the State Capitol - action requested - REFER RECEIVED
SUGGESTIONS TO THE TRANSIENT OCCUPANCY TAX COMMITTEE AND
DIRECT THE COMMITTEE TO FORWARD A RECOMMENDATION TO THE
BOARD FOR CONSIDERATION.
31. Advancement within a salary
Rule 12.13, Board approval
Attorney's Office to appoint
5 of the salary range -
APPOINTMENT OF A DISTRICT
SALARY RANGE.
range - pursuant to Personnel
is requested by the District
a District Attorney IV to Step
action requested - APPROVE
ATTORNEY IV TO STEP 5 OF THE
32. Advancement within a salary range - pursuant to Personnel
Rule 12.13, Board approval is requested by the District
Attorney's Office to appoint a Investigative Assistant to
Step 4 of the salary range, retroactive to his date of
hire - action requested - APPROVE APPOINTMII~IT OF A
INVESTIGATIVE ASSISTANT TO STEP 4 OF THE SALARY RANGE
RETROACTIVE TO HIS DATE OF HIRE.
33. Report to the Board - Paradise Ridge Water Committee - the
Butte County Water Commission appointed a sub-committee to
consider enacting an ordinance to form an advisory
committee to address Paradise Ridge water issues. The sub-
committee has submitted its recommendation to the Water
Commission, and the Water Commission hereby submits their
recommendation to the Board - action requested - ACCEPT THE
RECONA+g~NDATION OF THE BUTTE COUNTY WATER COMMISSION AND
DIRECT THE SUB-COMMITTEE OF THE WATER COMMISSION TO
CONTINUE TO MONITOR THE PROGRESS OF THE WATER PLANNING
ACTIVITIES IN THE PARADISE RIDGE AREA, AND THAT A PARADISE
RIDGE WATER ADVISORY COMMITTEE NOT BE FORMED AT THIS TIME.
34. Proposed Language Changes to Legislative Platform - on
January 12, 1999, the Board adopted general goals and
priorities to guide the County's legislative efforts for
the 1999 legislative year. Proposed are language revisions
for three of the items in the areas of Finance, General
Government, and Public Works that will be appended as
backup - action requested - APPROVE NEW LANGUAGE.
Page 68 March 9, 1999
March 9, 1999
99-61 35. Family Bridges/First Offender Program - Board approval is
requested by the Butte County Department of Behavioral
Health to seek special legislation and/or special funding
to expand the Family Bridges/First Offender Program
throughout the County. The program is designed to reduce
drug and alcohol use, criminal activity, and run-sways, as
well as increase school attendance - action requested -
APPROVE THE CONCEPT OF IMPLEMENTATION OF THE FAMILY BRIDGES
PROJECT COUNTY-WIDE AND AUTHORIZE THE CHIEF ADMINISTRATIVE
OFFICER TO SEEK SFECIAL LEGISLATION AND/OR FUNDING. (89)
MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH THE REMOVAL OF BUDGET
TRANSFER B-243, AND ITEM 3.30.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
PRESENTATION OF RESOLUTION TO DICK CASSIDY BY CHAIR DOLAN
Regular Agenda
99-62 Appointments - Commissions and Committees (346)
A. Appointments to committee vacancies. (NONE)
99-63 Update on legislative and budget activities. (352) JOHN S.
BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, INFORMS THE BOARD THAT
THERE IS SENSITIVITY IN THE LEGISLATURE AGAINST THE PROPOSAL TO
LIMIT TRIAL COURT RELIEF. ADDITIONALLY, AT THE CHIEF
ADMINISTRATIVE OFFICER'S MEETING IN SACRAMENTO SENATOR PEACE'S
MEETINGS REGARDING LOCAL GOVERNMENT-STATE RELATIONSHIP ISSUES
WERE DISCUSSED AND THERE HAS BEEN A TREMENDOUS AMOUNT OF INTEREST
IN TRYING TO SOLVE LOCAL-STATE GOVERNMENT ISSUES. LASTLY, IN THE
AREA OF LABOR RELATIONS, THERE ARE PROPOSED BILLS THE COUNTY
SHOULD WATCH THAT DEAL WITH ISSUES INCLUDING BINDING ARBITRATION,
EXPANSION OF SAFETY RETIREMENT, AND AGENCY SHOP.
SUPERVISOR DAVIS GIVES THE BOARD A SUMMARY OF HIS TRIP TO
WASHINGTON, D.C., WHERE HE ATTENDED THE NATIONAL ASSOCIATION OF
COUNTIES CONFERENCE.
Page 69 March 9, 1999
March 9, 1999
99-b4 Presentation to the Board - Otten Consulting Group - status of
Americans with Disabilities Act (ADA} compliance review - action
requested - ACCEPT THE OTTEN CONSULTING GROUP, INC., ADA REPORT.
(443)
PRESENTATION TO THE BOARD BY KEN OTTEN, OTTEN CONSULTING GROUP.
MOTION: I MOVE TO ACCEPT THE OTTEN CONSULTING GROUP, INC., ADA REPORT;
AND FURTHER MOVE THAT THE COUNTY TAKE AN ACTIVE STANCE IN
ADVERTISING TO SOLICIT INPUT FROM THE PUBLIC DURING THE 90 DAY
CONIl43EN'P PERIOD .
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-65 Materials Recovery Facility and Neal Road Landfill Agreement
Development and Negotiations, and Development of a Rate Review
Methodology for the Materials Recovery Facility and the Neal Road
Landfill - action requested - APPROVE THE TWO PROPOSALS SUBMITTED
BY TNTELLIWASTE, INC., FOR THE MATERIALS RECOVERY FACILITY AND
THE NEAL ROAD LANDFILL AGREEMENT DEVELOPMENT AND NEGOTIATIONS AT
A COST NOT TO EXCEED $65,773; AND APPROVE RATE REVIEW METHODOLOGY
FOR THE AGREEMENTS BETWEEN BUTTE COUNTY DEPARTMF.I~Ti' OF PUBLIC
WORKS AND WASTE MANAGEMENT INC., FOR THE OPERATION OF THE HEAL
ROAD LANDFILL AND THE MATERIALS RECOVERY FACILITY AT A COST NOT
TO EXCEED $39,665, AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE THE AGREEMENTS ON BEHALF OF THE COUNTY SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR CONTROLLER. (904}
MOTION: I MOVE TO APPROVE THE TWO PROPOSALS SUBMITTED BY INTELLIWASTE,
INC., FOR THE MATERIALS RECOVERY FACILITY AND THE NEAL ROAD
LANDFILL AGREEMENT DEVELOPMENT AND NEGOTIATIONS AT A COST NOT TO
EXCEED $65,773; AND APPROVE RATE REVIEW METHODOLOGY FOR THE
AGREEMENTS BETWEEN BUTTE COUNTY DEPARTMENT OF PUBLIC WORKS AND
WASTE MANAGEMENT INC., FOR THE OPERATION OF THE HEAL ROAD
LANDFILL AND THE MATERIALS RECOVERY FACILITY AT A COST NOT TO
EXCEED $39,665, AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO
EXECUTE THE AGREEMENTS ON BEHALF OF THE COUNTY SUBJECT TO
APPROVAL OF COUNTY COUNSEL AND THE AUDITOR CONTROLLER.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-66 California State Board of Corrections, Juvenile Detention
Facility Grant Application - consideration of a grant application
to the California State Board of Corrections in response to a
request for proposal regarding Juvenile and Adult Local Detention
Facility Construction - action requested - ADOPT RESOLUTION
AUTHORIZING SUBMITTAL OF THE GRANT PROPOSAL AND AUTHORIZE THE
CHAIR TO SIGN. {132$}
.~ MOTION: I MOVE TO ADOPT RESOLUTION 99-39 AUTHORIZING SUBMITTAL OF THE
GRANT PROPOSAL AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 70 March 9, 1999
March 9, 1999
RECESS: 10:14 A.M.
RECODnTENE : 10:2 3 A . M .
Public Hearing and Timed Items
99-67 Public Hearing and Property Owner Ballot Proceeding - County
Service Area 137 - consideration of the imposition of service
charges within an area to be anne~ced to County Service Area 137
for fire protection services - action requested - OPEN PUBLIC
HEARING TO ADDRESS PROTESTS; CLOSE HEARING. IF THERE IS A
MAJORITY PROTEST, DIRECT STAFF TO REQUEST LAFCO CEASE ALL
PRDCEEDINGS TOWARD ANNEXATION. IF THERE IS NOT A MAJORITY
PROTEST, REQUEST BALLOT INFORMATION FROM THE CLERK OF THE BOARD.
IF THERE IS A MAJORITY OF BALLOTS IN FAVOR OF ESTABLISHMENT OF
THE MAXIMUM SERVICE CHARGE, ADOPT A RESOLUTION ESTABLISHING A
MAXIMUM CHARGE FOR THIS PROPERTY AND AUTHORIZE THE CHAIR TO SIGN.
(FROM 1-12-99)(2240)
PUBLIC HEARING OPENED 10:23 A.M.
PUBLIC HEARING CLOSED 10:24 A.M_
MOTION: I MOVE TO ADOPT RESOLUTION 99-40 ESTABLISHING A MAXIMUM SERVICE
CHARGE FOR THIS PROPERTY AND AUTHORIZE THE CHAIR TO SIGN.
M S ,_,
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-68 Public Hearing - Dreisbach Family Trust - Rezone -
consideration of a rezone from "U" (Unclassified) to TPZ-160
{Timber Preserve Zone-160 acre minimum) far a 52 acre parcel
contiguous to a TPZ-160 zone, on property located southeast of
the intersection of Binet Road and Mooreville Ridge Road, north
of Clipper Mills - action requested - SUBJECT TO ENVIRONMENTAL
FINDING {A), AND GENERAL PLAN CONSISTENCY FINDINGS {A-D) AS
DETAILED IN THE STAFF REPORT DATED MARCH 9, 1999, FIND THIS
PROJECT TO BE STATUTORILY EXEMPT FROM THE PROVISION OF THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT AND ADOPT AN ORDINANCE
APPROVING ZONING AMENDMENT 99-02 TO REZONE THE SUBJECT 52 ACRE
PARCEL FROM "U" {UNCLASSIFIED) TO TPZ-160 (TIMBER PRESERVE ZONE -
160 ACRE PARCELS}(STAFF REPORT DATED MARCH 9, 1999). (2342}
PUBLIC HEARING OPENED 10:27 A.M.
PUBLIC HEARING CLOSED 10:27 A.M.
MOTION: SUBJECT TO ENVIRONMENTAL FINDING (A}, AND GENERAL PLAN
CONSISTENCY FINDINGS (A-D) AS DETAILED IN THE STAFF REPORT DATED
MARCH 9, 1999, I MOVE TO FIND THIS PROJECT TO BE STATUTORILY
EXEMPT FROM THE PROVISION OF THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT AND ADOPT ORDINANCE 3494 APPROVING ZONING AMENDMENT 99-02 TO
REZONE THE SUBJECT 52 ACRE PARCEL FROM "U" {UNCLASSIFIED) TO
TPZ-160 (TIMBER PRESERVE ZONE - 160 ACRE PARCELS).
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
Page 71 March 9, 1999
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March 9, 1999
Regular Agenda
99-69 Report to the Board on Funding Assistance Applications -
applications for assistance have been submitted to the State
Water Commission for the 3B's project on the Sacramento River and
the Cherokee Canal project. The applications require resolutions
of support from the government body - action requested - ADOPT
RESOLUTIONS IN SUPPORT OF THE PROJECTS. (2475}
MOTION: I MOVE TO ADOPT RESOLUTIONS 99-41 AND 99-42 IN SUPPORT OF THE
PROJECTS AND AUTHORIZE THE CHAIR TO SIGN.
S M
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
99-70 Consideration of the addition of an item to the agenda:
Resolution Supporting the California water Commission's Request
for a Section 205 Feasibility Study for a Flood Control Project
in the Rock Creek/Keefer Slough Watershed. (2873)
MOTION: I MOVE, PURSUANT TO GOVERNMENT CODE SECTION 54954.2(b)(2), THAT
THERE I5 A NEED TO TAKE IMMEDIATE ACTION ON THE ITEM PRESENTED
AND THAT THE NEED FOR ACTION CAME TO THE ATTENTION OF THE BOARD
SUBSE¢UENT TO THE AGENDA BEING POSTED.
M S
VOTE: l Y 2 Y 3 Y 4 Y 5 Y (unanimously Carried)
MOTION: i MOVE TO ADOPT RESOLUTION 99--43 SUPPORTING THE CALIFORNIA WATER
COMMISSION'S REQUEST FOR A SECTION 205 FEASIBILITY STUDY FOR A
FLOOD CONTROL PROJECT IN THE ROCK CREEK/KEEFER SLOUGH WATERSHED
AND AUTHORIZE THE CHAIR TO SIGN.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 72 March 9, 1999
March 9, 1999
Public Hearing and Timed Items
99-71 Public Hearing - Butte County Board of Supervisors - Zoning Code
Amendment - consideration of a zoning code amendment (item
determined to be a general rule exemption from environmental
review) to Section 24-90 Agricultural Zones, to allow feed
stores, subject to a Condition Use Permit, in A-5 through A-160
(Agricultural - 5 acre parcels through Agricultural - 160 acre
parcels) zoning districts, and adding Section 24-3-5.148 defining
feed stores, County-wide - action requested:
1. THE PLANNING COMMISSION RECOMMENDS DENIAL OF THE PROPOSED
CODE AMENDMENT. IN DENYING THE PROJECT THE BOARD MAY WISH
TO DIRECT THAT A COMPREHENSIVE DISCUSSION OF "AGRICULTURAL
SUPPORT" AND "AGRICULTURAL DEPENDENT" USES OCCUR AT THE
PLANNING COMMISSION LEVEL WITH RECOMMEDTDATIONS BEING
FORWARDED TO THE BOARD (STAFF REPORT DATED MARCH 9, 1999);
OR
2. IF THE BOARD CHOOSES TO APPROVE THE PROPOSED CODE
AMENDMENT, THE FOLLOWING ACTIONS SHOULD BE TAKEN: SUBJECT
TO ENVIRONMENTAL FINDING (A), AND GENERAL PLAN AND ZONING
FINDING (A) AS DETAILED IN THE STAFF REPORT DATED MARCH
9, 1999, ADOPT AN ORDINANCE ADDING FEED STORES TO SECTION
24-90 C.3 AND ADDING SECTION 24-305.148 DEFINING FEED
STORES AS "A RETAIL ESTABLISHMENT LIMITED TO THE SALE OF
HAY, GRAIN, AND OTHER FOOD SUPPLIES FOR FARM AND DOMESTIC
ANIMALS. ANIMAL MAINTENANCE PRODUCTS, INCLUDING MEDICINES,
VACCINES AND GROOMING SUPPLIES MAY ALSO BE SOLD PROVIDED
THAT THE SALE OF THESE PRODUCTS IS ANCILLARY TO THE SALE OF
FEED PRODUCTS. OUTDOOR STORAGE OF PRODUCTS OTHER THAN
FEED OR GRAIN SHALL BE PROHIBITED" (STAFF REPORT DATED
MARCH 9, 1999). (2994)(**00)
PUBLIC HEARING OPENED 14:42 A.M.
PUBLIC HEARING CLOSED 11:04 A.M.
MOTION:
VOTE:
I MOVE TO UPHOLD THE PLANNING COMMISSION'S DECISION AND DENY THE
PROJECT.
M
1 2 3 4 5 (Motion Dies far Lack of Second)
Page 73 March 9, 1999
March 9, 1999
99-71 MOTION: SUBJECT TO ENVIRONMENTAL FINDING (A), AND GENERAL PLAN
AND ZONING FINDING (A) AS DETAILED IN THE STAFF
REPORT DATED MARCH 9 , 19 99 , I MOVE TO ADOPT ORDINANCE
3495 ADDING FEED STORES TO SECTION 24-90 C.3 AND
ADDING SECTION 24-305.148 DEFINING FEED STORES AS "A
RETAIL ESTABLISHI~SENT LIMITED TO THE SALE OF HAY,
GRAIN, AND OTHER FOOD SUPPLIES FOR FARM AND DOMESTIC
ANIMALS. ANIMAL MAINTENANCE PRODUCTS, INCLUDING
MEDICINES, VACCINES AND GROOMING SUPPLIES MAY ALSO BE
SOLD PROVIDED THAT THE SALE OF THESE PRODUCTS IS
ANCILLARY TO THE SALE OF FEED PRODUCTS. OUTDOOR
STORAGE OF PRODUCTS OTHER THAN FEED OR GRAIN
SHALL BE PROHIBITED.
S M
VOTE: 1 Y 2 N 3 N 4 Y 5 Y (Motion Carried)
99-72 Public Hearing - Butte County Department of Development
Services - Zoning Code Amendment - consideration of a zoning code
amendment {~.tem determined to be a general rule exemption from
environmental review) 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 -- action requested:
1. ACCEPT THE PLANNING COMMISSION'S RECOMMENDATION AND DENY
THE PROPOSED CODE AMENDMENT (STAFF REPORT DATED MARCH 9,
1999); OR
2. TF THE BOARD WISHES TO APPROVE CHANGES TO THE CODE TO ALLOW
TEMPORARY ASPHALT AND CONCRETE BATCH PLANTS 4R AGGREGATE
MINE SITES, THE FOLLOWING MOTIONS WOULD BE APPROPRIATE:
A) ADOPT AN ORDINANCE AMENDING BUTTE COUNTY CODE SECTION
24-90 C.5, AGRICULTURE ZONES, AS PROVIDED IN THE STAFF
REPORT DATED MARCH 9, 1999;
B) ADOPT AN ORDINANCE ADDING BUTTE COUNTY CODE SECTION
24-258 SETTING SITE DEVELOPMENT REQUIREMENTS. STAFF
RECOMMENDS CHANGES TO THE STANDARDS CONSIDERED BY THE
PLANNING COMMISSION; IN PARTICULAR, LIMIT THE DURATION
OF A TEMPORARY BATCH PLANT' TO A MAXIMUM OF 2 YEARS; DO
NOT ALLOW CONSECUTIVE PERMITS; AND INCLUDE A CONDITION
THAT MATERIAL PRODUCED FROM A TEMPORARY BATCH PLANT
MAY NOT BE SOLD TO THE GENERAL PUBLIC OR USED TO
SATISFY ANY CONSTRUCTION PROJECT OTHER THAN THE
PROJECT SPECIFIED IN THE BID SPECIFIC TO THE TEMPORARY
BATCH PLANT (WITH FULL CONDITIONS AS SET FORTH IN
ATTACHMENT "A" OF THE STAFF REPORT DATED MARCH 9,
1999);
Page 74 March 9, 1999
March 9, 1999
99-72 C) ADOPT AN ORDINANCE AMENDING BUTTE COUNTY CODE SECTION
24-230 B.15., UNCLASSIFIED ZONE, AS PROVIDED TN THE
~..,
STAFF REPORT DATED MARCH 9, 1999; AND
D) ADOPT AN ORDINANCE AMENDING BUTTE COUNTY CODE SECTION
24-300, SECTION A, AS SET FORTH IN EXHIBIT "B" OF
THE PLANNING COMMISSION'S AGENDA REPORT DATED
JANUARY 28, 1999, INCLUDED AS ATTACHMENT "B" TO THE
STAFF REPORT DATED MARCH 9, 1999. {**940){***00)
PUBLIC HEARING OPENED 11:20 A.M.
PUBLIC HEARING CLOSED 12:23 P.M.
MOTION: I MOVE TO REFER THIS MATTER TO THE SURFACE MINING AGGREGATE
OPERATIONS COMMITTEE FOR CONSIDERATION AND RECOMMENDATION TO THE
BOARD.
M 5
VOTE: l Y 2 Y 3 Y 4 Y 5 Y {Unanimously Carried)
99-73 Public Coimnent {PRESENTATION 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.){***915)
1. Mary H. Jones, Regional Manager, and Holly Lland, member,
Golden State Mobilehome Owners League, Inc., address the r,.,_
Board to request the County place a rent stabilization
ordinance for mobile home residents on the agenda.
99-74 Items removed from the Consent Agenda for Board consideration and
action. (***1126}
1. Board Calendar Modification - Board approval is requested
to schedule a Special Meeting of the Board of
Supervisors, to be held Tuesday, March 16, 1999, at
9:00 a.m., for the purpose of conducting Public Employee
Performance Evaluations pursuant to Government Code Section
54957 (a Closed Session matter} - action requested -
APPROVE BOARD CALENDAR MODIFICATION AND SET A SPECIAL
MEETING OF THE BOARD OF SUPERVISORS FOR TUESDAY,
MARCH 16, 1999, AT 9:00 A.M.
MOTION: I MOVE TO SCHEDULE A SPECIAL MEETING OF THE BOARD OF SUPERVISORS,
TO BE HELD TUESDAY, MARCH 30, 1999, AT 9:00 A.M., FOR THE PURPOSE
OF CONDUCTING PUBLIC EMPLOYEE PERFORMANCE EVALUATIONS PURSUANT TO
GOVERNMENT CODE SECTION 54957 {A CLOSED SESSION MATTER}.
M S
VOTE: 1 Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried)
Page 75 March 9, 1999
3 1'
March 9, 1999
99-75 CLOSED SESSION: The Board recess at 12:50 p.m. to a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a): Hauselt v. County of
Butte, and California Pilots Association v.
County of Butte; and public employee
performance evaluations pursuant to Government
Code Section 54957: Public Health Director,
Public Health Officer, Agricultural
Commissioner, and Public Works Director.
(***1200)
CLOSED SESSION ITEM 7.02 REMOVED FROM THE
AGENDA.
RECONVENE: The Board reconvened at 5:02 p.m. from a closed
session conference with legal counsel regarding
actual litigation pursuant to Government Code
Section 54956.9(a): Hauselt v. County of
Butte, and California Pilots Association v.
County of Butte; and public employee
performance evaluations pursuant to Government
Cade Section 54957: Public Health Director,
Public Health Officer, Agricultural
Commissioner, and Public Works Director. NO
ANNOUNCEMENTS.
Communications
99-76 Communications received and referred. (COPIES OF ALL
COMMUNICATIONS ARE AVAILABLE YN THE CLERK OF THE BOARD'S OFFICE.)
A. Janet Walther, Governmental Relations, Pacific Gas and
Electric Company, submits Y2K Readiness Disclosure
Information for Pacific Gas and Electric Company. (REFER
TO CHIEF ADMINISTRATIVE OFFICER, DIRECTOR-INFORMATION
SYSTEMS, AND EMERGENCY SERVICES DIRECTOR)
B. Tib Belza, Chairman of the Board; and David J. Guy,
Executive Director, Northern California Water Association
(NCWA), write to encourage the Board to issue a strong and
formal resolution which states that the fallowing of
agricultural land is not an acceptable means to provide
water for Cal-Fed or any other program. (REFERRED TO CHIEF
ADMINISTRATIVE OFFICER AND AGRICULTURAL COMMISSIONER-WATER
DIVISION [3-1-99])
Page 76 March 9, 1999
March 9, 1999
ADJOUR.NMEIQT: There being no further business before the Board
the meeting was adjourned at 5:02 p.m., to ~..
reconvene an Tuesday, March 23, 1999, at 9;00 a.m.
JANE DOLAN, Chair
ATTEST:
John S. Blacklock, Chief Administrative Officer
and Clerk of the Board of Supervisors
Page 77 March 9, 1999