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HomeMy WebLinkAboutM031098MINUTES March 10, 1998 R. J. BEELER, 1st District JANE DOI.AN, 2nd District MARY ANNE HOUX 3rd District CURT JOSIASSEN, 4th District FRED C. DAMS, 5th District Call to order - Board of Supervisors room, County Administration Building, 25 County Center Drive, Oroville. Present: Supervisors Beeler, Dolan, Houx, Josiassen and Chair Davis. John S. Blacklock, Chief Administrative Officer; Susan Minasian, County Counsel; and Carol Roach, Assistant Clerk of the Board. Pledge of allegiance to the Flaq of the United States of America. Invocation - Reverend Alice Ross, Church of Religious Science, Paradise. (Reverend Ross not present) 98-74 Items removed from the Consent Agenda for Board consideration and action. 1. Performance Program for Appointed Department Heads - the Board of Supervisors' subcommittee relating to the Performance Program for Appointed Department Heads has met following closed session performance reviews on February 24, 1998, and is recommending approval of a salary ordinance amendment, retroactive to August 8, 1997. This ordinance provides for initial performance increments as part of the Pay for Performance Plan. Salary adjustments are proposed for four of the Board appointed department heads and for the Chief Probation Officer, who is an appointee of the Courts - action requested: A. WAIVE READING OF THE SALARY ORDINANCE AMENDMENT IMPLEMENTING THE REQUESTED CHANGES EFFECTIVE AUGUST 8, 1997; AND B. AUTHORIZE CHAIR TO SIGN DEPARTMENT HEAD CONTRACT AMENDMENTS FOR COUNTY COUNSEL, CHIEF PROBATION OFFICER, AGRICULTURAL COMMISSIONER, CHIEF ADMINISTRATIVE OFFICER, AND PUBLIC HEALTH DIRECTOR REFLECTING SALARY ADJUSTMENT AND RELATED LANGUAGE. (FROM 1/17/98) Page 69 March 10, 1998 March 10, 1998 98-74 2. 1997-98 Cooperative Fire Protection agreement (no. 2CA97808) - California Department of Forestry and Fire Protection - the proposed agreement for fire protection services with the County covers the period of July 1, 1997, through June 30, 1998, in the maximum amount of $5,093,702 (General Fund) - action requested - ADOPT RESOLUTION APPROVING COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION SERVICES FOR LOCAL AGENCIES AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10879) (NO ACTION TAKEN/CONTINUED TO TUESDAY, MARCH 24, 1998) Consent Agenda 98-75 1. Budget Transfers - action requested - APPROVE BUDGET TRANSFERS B-187 (APPROPRIATION FOR CONTINGENCIES/ ADMINISTRATION)(4/Sths vote required), B-184 (FIRE), B- 193 (APPROPRIATION FOR CONTINGENCIES-CSA)(4/5ths vote required), AND B-190 (CSA FUND BALANCE). 2. County Library donations - in accordance with Government Code Section 25355, donations of $4,750 from Soroptimist International of Chico, Inc., $1,500 from Chico Friends of the Library, $800 from Friends of the Library- Oroville, $100 from Butte County Council for the Blind, Chico, and $100 from Custom Research, Minneapolis, Minnesota, have been received for the Butte County Trust Fund for the purchase of books - action requested - ACCEPT DONATIONS AND AUTHORIZE LETTERS OF APPRECIATION. 3. E1 Medio Fire District - action requested - APPOINT BRUCE LEWIS TO AN UNEXPIRED TERM ENDING DECEMBER 4, 1998, CREATED BY THE RESIGNATION OF RICHARD L. LEACH EFFECTIVE 12/31/97. 4. Fire Department - Board authorization is requested for the purchase of a thermo electric generator and accessories to power radio repeaters on Sunset Hill in the event of a commercial power outage - action requested - APPROVE BUDGET TRANSFER B-185 AND AUTHORIZE PURCHASE OF FIXED AS5ET ITEM. 5. Fire Department - Board authorization is requested for the purchase of two Ford Expedition four door, four-wheel drive utility vehicles (stock no. 2320-233-0108-0, item 32) from the State contract (contract no. 1-98-23-20) at a total cost of $65,483.12 (Department budget). These vehicles will replace current vehicles with very high mileage - action requested - APPROVE BUDGET TRANSFER B- 186 AND AUTHORIZE PURCHASE OF FIXED ASSET ITEM FROM STATE CONTRACT VENDOR. Page 70 March 10, 1998 March 10, 1998 98-75 6. Conveyance of County property - Surplus Trailer - Board authorization is requested for the donation of a 1959 military box trailer to the Military Museum of Butte County. The trailer was converted into a field materials laboratory for County use and is no longer needed (fixed asset no. 00894, County no. 491, license no. E253144) - action requested - DECLARE TRAILER SURPLUS AND AUTHORIZE PUBLICATION OF NOTICE OF INTENTION TO CONVEY COUNTY PROPERTY PURSUANT TO GOVERNMENT CODE SECTIONS 25365 AND 6061. 7. Surplus equipment - vehicle - the Welfare Department has transferred a 1991 Mercury Tracer (County no. 795, license no. E334612) to purchasing surplus. It is requested that the Board declare the vehicle surplus to the needs of the County and authorize the purchasing agent to dispose of it according to County policy - action requested - DECLARE VEHICLE SURPLUS TO THE NEEDS OF THE COUNTY AND AUTHORIZE DISPOSITION ACCORDING TO COUNTY POLICY. 8. Award of Bid No. 94-98 - Department of Social Services - bids have been opened for the remodeling of the Social Services office space located at 1 County Center Drive with the low bidder being Crawford Construction Company of Chico in the amount of $58,046 (Department budget) - action requested - AWARD BID. 9. County Service Area 164 (Animal Control} - the County Clerk-Recorder has identified the election costs associated with the CSA 164 election conducted on September 16, 1997, as $67,921.10. Resolution 97-73 states the cost of the election shall be paid by allocating within the annual budgets for CSA 164 an amount up to a maximum of $1.00 per year per parcel until paid. The current CSA 164 budget includes an appropriation of $50,288 to cover election costs this fiscal year, the balance of $17,633 will be applied next fiscal year (FY 1998/99). Payment of election costs will not result in any reduction of services in the animal control program - action requested - ACCEPT FOR INFORMATION. (FROM 2-10-98) 10. County Service Area (CSA) 76 (Quail Run-Lighting and Drainage) - Board approval is requested for a loan from the County Service Area Revolving Loan fund to CSA 76 in the amount of $3,060. This loan will provide funding to pay a bill associated with an emergency repair of a drainage pump. Loan repayment will be made over a period of 5 years with monies collected by a per parcel service charge - action requested - ADOPT RESOLUTION 98-37 APPROPRIATING MONIES TO COUNTY SERVICE AREA 76 AND AUTHORIZE THE CHAIR TO SIGN AND APPROVE BUDGET TRANSFER B-189. Page 71 March 10, 1998 March 10. 1998 98-75 11. District Attorney - Office of Criminal Justice Planning (OCJP) Grant for Statutory Rape Prosecution - in fiscal year 1996/97 the County was approved for a $150,000 grant from the OCJP. This grant expired June 30, 1997, with unexpended funds in the amount of $5,588. A request to extend the grant through March 31, 1998, was granted on February 23, 1998. OCJP mandates minimum training for project personnel and the additional funds will cover costs of the mandated training already attended during the 96/97 grant year - action requested - APPROVE BUDGET TRANSFER B-192 ACCEPTING AND ALLOCATING $5,588 UNANTICIPATED GRANT REVENUE(Department budget). (4/5ths vote required) 12. Department of Social Welfare - Maintenance of Effort for Ca1WORKs Program - on December 17, 1997, the Department of Social Welfare (DSW) received an update from the California Department of Social Services to the Ca1WORKs single allocation and Maintenance of Effort (MOE) levels. This update changed Butte County's MOE for Ca1WORKs from $1,086,952 to $1,185,782; an increase of $98,830. This amount represents the County's MOE levels based on actual expenditures for all programs for FY 1996/97 plus September 1997 supplemental adjustments - AUTHORIZE A REDUCTION OF FEDERAL CALWORKS REVENUES IN THE AMOUNT OF $49,415 AND A REDUCTION OF STATE CALWORKS REVENUES IN THE AMOUNT OF $49,415, AND APPROVE BUDGET TRANSFER B-191 OF $98,830 FROM GENERAL ASSISTANCE-SUPPORT AND CARE OF PERSONS TO EMPLOYMENT SERVICE ($33,602) AND ELIGIBILITY ($65,228). 13. Department of Social Welfare - California Job Opening Browse System - additional Ca1WORKs funds of $157,700 for FY 1997/98 have been allocated to the County, with no County match required, for the purchase of equipment and services needed to access the Employment Development Department's Internet based California Job Openings Browse system (Ca1JOBS). These funds will be used to purchase computer equipment, printers and Internet service for use by Ca1WORKs staff, applicants and recipients of Ca1WORKs programs - action requested - APPROVE BUDGET TRANSFER B-188 ACCEPTING AND APPROPRIATING $157,700 IN UNANTICIPATED REVENUE (4/5ths vote required). Page 72 March 10, 1998 March 10, 1998 98-75 14. Adoption of a salary ordinance amendment adding 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 Department of Social Welfare budget, and will be included in both department's proposed budgets for 1998-99 - action requested - ADOPT ORDINANCE 3400 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-24-98) 15. Adoption 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 - action requested - ADOPT ORDINANCE 3401 AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2- 24-98) 16. Introduction of a salary ordinance amendment - Assessor's Office - the Personnel Department recently completed a classification study at the request of the Assessor's Office of a Senior Appraiser position. After a detailed job analysis of this position, and due to the increased level of supervisory functions being performed by the incumbent in this position, the Personnel Department recommends the position be reclassified from Senior Appraiser (salary range 1123) to Supervisor - Appraiser (salary range 1243). Total cost for the 1997/98 fiscal year is $790 (Department budget) - action requested - WAIVE READING OF ORDINANCE. 17. Introduction of a salary ordinance amendment - District Attorney-Child Abduction Unit - Board authorization is requested to flexibly staff one Legal Typist Clerk to Legal Typist Clerk/Office Assistant III and one Legal Secretary II, I to Legal Secretary II, I/Legal Typist Clerk. Flexibly staffing these position will allow the department greater flexibility in the selection and training of clerical staff - action requested - WAIVE READING OF ORDINANCE. Page 73 March 10, 1998 March 10, 1998 98-75 18. Introduction of a salary ordinance amendment - District Attorney - Criminal - the Personnel Department completed a classification study of one Office Assistant III, II, I position and three Office Assistant II, I positions at the request of the District Attorney's office to determine if the positions are appropriately classified. The Personnel Department recommends the following: reclassify one Office Assistant II to Legal Typist Clerk and flexibly staff the position to Legal Secretary I/Legal Typist Clerk; reclassify one Office Assistant II to Legal Typist Clerk and flexibly staff the position to Legal Typist Clerk/Office Assistant III, II, I; and reclassify two Office Assistant II positions to Office Assistant III positions and flexibly staff these positions to Office Assistant III, II, I. The total cost for the 1997/98 fiscal year is $3,330 (Department budget) - action requested - WAIVE READING OF ORDINANCE. 19. Introduction of a salary ordinance amendment - District Attorney-Family Support Division - the District Attorney has requested that the Personnel Department create a new classification of Family Support Administrator (salary range 1313). This classification would be utilized for the administration of the Family Support Division in lieu of an Assistant District Attorney (salary range 1313). The Personnel Department recommends that one Assistant District Attorney position be deleted and that one Family Support Administrator position be added - action requested - WAIVE READING OF ORDINANCE. 20. State Investment Funds (SIF) - introduction of a salary ordinance amendment - on December 23, 1997, Board approval was granted for the District Attorney-Family Support Division to apply for SIF funds to enhance the operations of the Family Support Division. On January 27, 1998, approval was received from the California Department of Social Services and a portion of these funds are intended for salaries and benefits of six new regular help positions as follows: three Family Support Case Manager III, II, I positions, two Office Assistant III, II, I positions, and one Legal Secretary II, I position - action requested - A. WAIVE READING OF THE ORDINANCE; AND B. APPROVE BUDGET TRANSFER B-194 AND ACCEPT AND APPROPRIATE UNANTICIPATED REVENUE OF STATE INVESTMENT FUNDS (4/5ths vote required). Page 74 March 10, 1998 March 10, 1998 98-75 21. Butte Basin Water Users Association - action requested - A. 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 98-38 APPROVING THE BUTTE BASIN WATER USERS ASSOCIATION 1998 BUDGET AND AUTHORIZE THE CHAIR TO SIGN. (FROM 2-24-98) AND; B. DIRECT THE AGRICULTURAL COMMISSIONER TO CONVENE DISCUSSION BETWEEN THE BUTTE COUNTY WATER COMMISSION AND BUTTE BASIN WATER USERS ASSOCIATION REGARDING FUTURE FUNDING OF WATER STUDIES AND PROGRAMS OF BOTH ORGANIZATIONS AND THAT A RECOMMENDATION BE DEVELOPED AND PRESENTED FOR SUBSEQUENT BOARD OF SUPERVISORS CONSIDERATION. 22. Program Supplements No. M007, M008 and M009 to Administering Agency - State Agreement No. 03-5912 - 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 Supplements M007, M008 and M009 cover funding for reimbursement of participating share of costs for the projects as follows: (Continued on Page 76) Page 75 March 10, 1998 March 10, 1998 98-75 22. Program Supplement Project M007 Construction engineering and construction costs for scour protection and stream improvements, Esplanade at Mud Creek Bridge (12C-0204) and Nord Highway at Mud Creek Bridge (12C-0311), E1 Nino Preparedness, Project No. BENSTPL-5912 (023). M008 Construction engineering and construction costs for scour protection and slope stabilization, Skyway at Butte Creek Bridges (12C-0009 L&R) , E1 Ni~io Preparedness, Project No. BENSTPL-5912 (024). M009 Construction engineering and construction costs for scour protection, slope stabilization and stream improvement, Midway at Butte Creek Bridges (12C-0052 and 0053) and Keefer Road and Keefer Slough Bridge (1X- 0282), E1 Ni~io Preparedness, Project No. BENSTPL-5912 (025). Action requested - ADOPT RESOLUTIONS 98-39, 98-40 and 98- 41 AUTHORIZING EXECUTION OF PROGRAM SUPPLEMENTS NO. M007, M008 AND M009 AND AUTHORIZE THE CHAIR TO SIGN. 23. Notice of completion of work for Midway Bridges at Butte Creek and Keefer Road Bridge at Keefer Slough, Project No. 26311/64141-97-1 - all contract work has been completed in accordance with plans and specifications - action requested - ACCEPT CONTRACT WORK, AUTHORIZE CHAIR TO SZGN THE NOTICE OF COMPLETION, AND AUTHORIZE RECORDING OF THE NOTICE OF COMPLETION. 24. Therapy services - the County contracts with several therapists for the provision of physical and occupational therapy services to children eligible for the California Children Services (CCS} program. This program is mandated by Health and Safety Code 252 and is funded from realignment funds (25~), State funds (50~), and County matching funds (25~). Proposed are two amendments which would increase the maximum amount payable under the current year agreements to reflect increased hours needed for the children served under this program as follows: Terri Johnson (Contract no. 10550) to $55,000 (Department budget) and Meg Palmer (Contract no. 10544) to $35,000 {Department budget) - action requested - APPROVE AGREEMENTS AND AUTHORIZE THE CHAIR TO SIGN SUBJECT TO APPROVAL OF COUNTY COUNSEL AND AUDITOR-CONTROLLER. Page 76 March 10, 1998 March 10, 1998 98-75 25. Butte County Consolidated Courts/Butte County Sheriff's Department - Memorandum of Understanding (MOU) Butte County Court Security - the completed expansion of the Butte County Courthouse in December 1996 created the need for a review of security plans for all court facilities to determine if enhanced security was necessary. The Courts and the Sheriff have conducted an analysis of the Court's security needs and proposed is a plan which would provide adequate security based on current need at all court facilities. The plan includes the addition of three Deputy Sheriff positions (dedicated to the courts), two flexibly staffed Court Attendant II/I positions, and the implementation of a perimeter security system consisting of a metal detector and x-ray machine. Pursuant to California Rules of Court, Rule 810, court security is an allowable court cost payable by the State as part of trial court funding and funding for the new positions will be provided through State trial court funding - action requested: A. WAIVE READING OF SALARY ORDINANCE, AND B. APPROVE THE MEMORANDUM OF UNDERSTANDING FOR COURT SECURITY BETWEEN BUTTE COUNTY CONSOLIDATED COURTS AND BUTTE COUNTY SHERIFF'S DEPARTMENT AND AUTHORIZE THE SHERIFF TO SIGN AND APPROVE BUDGET TRANSFER B- 195. (Contract no. X10890) 26. George E. Washington , Attorney at Law - County Counsel proposes an agreement for the provision of attorney services for the term of one year commencing this date (Department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X 10880) 27. Gregory P. Einhorn, Attorney at Law - County Counsel proposes a renewal agreement for the provision of attorney services for the term of one year commencing this date (Department budget) - action requested - APPROVE AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. X10885) 28. State Office of Criminal Justice Planning (OCJP) - Violence Against Women Vertical Prosecution Program - the District Attorney requests Board approval for the submission of a proposal to the OCJP requesting funding for Violence Against Women Vertical Prosecution Program - action requested - ADOPT RESOLUTION 98-42 AUTHORIZING DISTRICT ATTORNEY TO UNDERTAKE GRANT AWARD AGREEMENT AND AUTHORIZE THE CHAIR TO SIGN. Page 77 March 10, 1998 March 10, 1998 98-75 29. State Department of Health Services - Women, Infants and Children (WIC) smoking cessation project - under the terms of this amendment to the Women, Infants and Children contract, the State has made available $40,430 (100 State) to fund a smoking cessation project for the WIC program. Funds will be utilized to offer smoking cessation classes, smoking cessation education and general education on the negative effects of environmental tobacco smoking - action requested - APPROVE AMENDMENT N0. 97-1123101 TO THE WOMEN, INFANTS AND CHILDREN CONTRACT AND AUTHORIZE THE CHAIR TO SIGN. (Contract no. R40056) 30. Metcalf & Eddy - Neal Road Landfill - the Central Valley Regional Water Quality Control Board is requiring that groundwater quality monitoring and reporting under the present monitoring and reporting program be extended until new regulatory requirements take effect. Proposed is a proposal from the firm of Metcalf & Eddy, which has provided groundwater quality monitoring at the landfill for the past eight years, to continue to perform the necessary services for an additional four-quarter period (March 1998-December 1998) - action requested - APPROVE LETTER PROPOSAL AND CONTRACTING AGREEMENT DATED FEBRUARY 20, 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 $60,990 (NEAL ROAD MANAGEMENT FUND). (Contract no. X10481) 31. State Integrated Waste Management Board - Waste Tire Survey Grant Application - the State Integrated Waste Management Board is making available 100 State money to survey, identify and develop an inventory of tire storage and disposal sites within counties. The Environmental Health Division of the Public Health Department is requesting Board approval for a grant application in the amount of $29,480 (100 state), to cover expenses for a waste tire survey and inventory. The survey and inventory is necessary for the County to be eligible for future grant funding to clean up identified illegal waste tire sites - action requested - ADOPT RESOLUTION 98-43 AUTHORIZING SUBMITTAL OF WASTE TIRE ENFORCEMENT GRANT APPLICATION AND AUTHORIZE THE CHAIR TO SIGN. Page 78 March 10, 1998 March 10. 1998 98-75 32. Department of Public Works - Community Cleanup Grant Program - Board approval is requested for the establishment of an in-house community cleanup grant program which would designate a maximum of $2,500 per supervisory district per year for community cleanup programs. The 1996 tipping fee increase for the Neal Road Landfill included a component to fund illegal dumping abatement, public education and community cleanup programs and roughly $63,500 per year is available for these programs - action requested - APPROVE DRAFT PROGRAM GUIDELINES AND AUTHORIZE THE DIRECTOR OF PUBLIC WORKS TO IMPLEMENT THE COMMUNITY CLEANUP GRANT PROGRAM. MOTION: I MOVE TO APPROVE THE CONSENT AGENDA WITH ITEM 3.12 AMENDED TO, "action requested - AUTHORIZE A REDUCTION OF FEDERAL CALWORKS REVENUES IN THE AMOUNT OF $49,415 AND A REDUCTION IN STATE CALWORKS REVENUES OF $49,415, AND APPROVE BUDGET TRANSFER B-191 OF $98,830 FROM GENERAL ASSISTANCE-SUPPORT AND CARE OF PERSONS TO EMPLOYMENT SERVICE ($33,602) AND ELIGIBILITY ($65,228)"; ITEM 3.30 "action requested - ADOPT RESOLUTION APPROVING COOPERATIVE AGREEMENT TO PROVIDE FIRE PROTECTION SERVICES FOR LOCAL AGENCIES AND AUTHORIZE THE CHAIR TO SIGN"; AND THE REMOVAL OF ITEMS 3.24 AND 3.30. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Regular Agenda 98-76 Appointments - commissions and committees. A. Appointments to committee vacancies. (NONE) 98-77 Update on legislative and budget activities. (109) (JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, REPORTED ON SB 1952 (LESLIE), WHICH CORRESPONDS WITH COUNTY EFFORTS TO GET FUNDING INCLUDED WITHIN THE STATE BUDGET FOR CHILDREN'S PROGRAMS; ACA 4, A CONSTITUTIONAL AMENDMENT PROPOSAL THAT RETURNS SHIFTED PROPERTY TAXES; A REQUEST FOR A SPECIAL MEETING ON TUESDAY, MARCH 31, 1998 FOR THE PERFORMANCE REVIEW PROGRAM FOR APPOINTED DEPARTMENT HEADS (DATE CONFIRMED BY BOARD); AND A REQUEST FOR A SPECIAL MEETING/WORKSHOP WITH THE CITY COUNCIL OF THE CITY OF CHICO AS REQUESTED BY THE CITIZENS NITRATE ADVISORY COMMITTEE (CHIEF ADMINISTRATIVE OFFICER TO COORDINATE POTENTIAL OPTIONS WITH THE CITY OF CHICO'S CITY MANAGER.) Page 79 March 10, 1998 March 10, 1998 98-78 Report to the Board - review of existence of a local emergency - action requested: A. CONFIRM THE 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. (245) MOTION: I MOVE TO CONFIRM THE NEED FOR CONTINUING THE PROCLAMATION OF A LOCAL EMERGENCY. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 98-79 Discussion of Regional Council of Rural Counties (RCRC) Special Water Assessment (Supervisor Beeler) - action requested - DISCUSSION ONLY. (1015) (REPORT TO THE BOARD BY SUPERVISOR BEELER AND JOHN S. BLACKLOCK, CHIEF ADMINISTRATIVE OFFICER, ON RCRC'S SPECIAL ASSESSMENT FOR WATER ACTIVITIES THAT BUTTE COUNTY WAS NOT INFORMED OF AT THE TIME THE BOARD ELECTED TO JOIN RCRC ) 98-80 Items removed from the Consent Agenda for Board consideration and action. 1. Performance Program for Appointed Department Heads - the Board of Supervisors' subcommittee relating to the Performance Program for Appointed Department Heads has met following closed session performance reviews on February 24, 1998, and is recommending approval of a salary ordinance amendment, retroactive to August 8, 1997. This ordinance provides for initial performance increments as part of the Pay for Performance Plan. Salary adjustments are proposed for four of the Board appointed department heads and for the Chief Probation Officer, who is an appointee of the Courts - action requested: A. WAIVE READING OF THE SALARY ORDINANCE AMENDMENT IMPLEMENTING THE REQUESTED CHANGES EFFECTIVE AUGUST 8, 1997; AND B. AUTHORIZE CHAIR TO SIGN DEPARTMENT HEAD CONTRACT AMENDMENTS FOR COUNTY COUNSEL, CHIEF PROBATION OFFICER, AGRICULTURAL COMMISSIONER, CHIEF ADMINISTRATIVE OFFICER, AND PUBLIC HEALTH DIRECTOR REFLECTING SALARY ADJUSTMENT AND RELATED LANGUAGE. (FROM 1/17/98) (Continued on Page 81) Page 80 March 10, 1998 March 10, 1998 98-80 MOTION: I MOVE TO A. WAIVE READING OF THE CORRECTED SALARY ORDINANCE AMENDMENT IMPLEMENTING THE REQUESTED CHANGES EFFECTIVE AUGUST 8, 1997; AND B. AUTHORIZE THE CHAIR TO SIGN DEPARTMENT HEAD CONTRACT AMENDMENTS FOR COUNTY COUNSEL, CHIEF PROBATION OFFICER, AGRICULTURAL COMMISSIONER, CHIEF ADMINISTRATIVE OFFICER, AND PUBLIC HEALTH DIRECTOR REFLECTING SALARY ADJUSTMENT AND RELATED LANGUAGE. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) 98-81 Contra Costa County, City of Concord v. U.S. Government (REPORT TO THE BOARD BY COUNTY COUNSEL THAT THE NORTHERN DISTRICT COURT IN SAN FRANCISCO, ON FEBRUARY 27, 1998, GRANTED PERMISSION TO THE COUNTY OF BUTTE TO PARTICIPATE IN THE MATTER OF CONTRA COSTA COUNTY, CITY OF CONCORD V. U.S. GOVERNMENT AS A "FRIEND OF THE COURT". (1277) RECESS: 9:50 A.M. RECONVENE: 10:03 A.M. Public Hearings and Timed Items 98-82 Public hearing - County Service Area (CSA) charges - several of the CSAs have been operating this year with limited funding, relying on their available fund balance and current fees to carry them through this year. The fees are insufficient to provide the services for fiscal year 1998-99 and future years. Proposition 218 enacted by the voters November 5, 1996, requires a protest hearing and in most instances an election prior to the increase of any fee or service charge within a CSA - action requested - ADOPT RESOLUTION ESTABLISHING NEW AND/OR INCREASED SERVICE CHARGES IN SPECIFIED COUNTY SERVICE AREAS FOR FISCAL YEAR 1998-1999 AND FUTURE FISCAL YEARS AND AUTHORIZE THE CHAIR TO SIGN. (FROM 12-23-97) (1350) MOTION: I MOVE TO ADOPT RESOLUTION 98-44 (EXHIBIT A BLANK SINCE THERE WERE NO MAJORITY PROTESTS; EXHIBIT B TO LIST CSA 94 AND 141; ALL OTHER COUNTY SERVICE AREAS LISTED ON EXHIBIT C AND SCHEDULED FOR BALLOT PROCEEDINGS), ESTABLISHING NEW AND/OR INCREASED SERVICE CHARGES IN SPECIFIED COUNTY SERVICE AREAS FOR FISCAL YEAR 1998-99 AND FUTURE FISCAL YEARS AND AUTHORIZE THE CHAIR TO SIGN. M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 81 March 10, 1998 March 10, 1998 98-83 Continued 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. IF 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 DOCUMENTS, BOARD REPORTS, AND RESCHEDULE FOR THE APRIL 14, 1998 BOARD HEARING. (FROM 2-24-98) (**00) MOTION: I MOVE TO 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. M S VOTE: 1 N 2 Y 3 Y 4 N 5 Y (Motion Carried) Page 82 March 10, 1998 March 10, 1998 98-84 Continued hearing - Bruce Roe - consideration of an application for rezone (item on which a negative declaration with mitigation measures regarding environmental impacts has been recommended), APN 048-010-074 (70.3 acres) and a two acre portion of APN 048-010-075, from A-40 (Agricultural - 40 acre parcels) to A-20 (Agricultural - 20 acre parcels), property located on the Southeast corner of Diesel Lane and Vispera Drive, East of the Chico Municipal Airport - action requested - SUBJECT TO ENVIRONMENTAL FINDINGS A-C, AND GENERAL PLAN AND ZONING FINDING A (STAFF MEMORANDUM DATED JANUARY 20, 1998), THE PLANNING COMMISSION RECOMMENDS THAT THE BOARD ADOPT A NEGATIVE DECLARATION, AND ADOPT AN ORDINANCE FOR CONDITIONAL REZONING OF A 68 ACRE PORTION OF APN 048-010-074 AND A 2.5 ACRE PORTION OF APN 048-010-075. (FROM 2-10-98) (1945) (***00) MOTION: SUBJECT TO ENVIRONMENTAL FINDINGS A-C, AND GENERAL PLAN AND ZONING FINDING A (STAFF MEMORANDUM DATED MARCH 10, 1998), I MOVE TO RDOPT A NEGATIVE DECLARATION, ADOPT ORDINANCE 3402 REZONING TO A-20, AND ADOPT A RESOLUTION FOR A CONDITIONAL ZONING AGREEMENT OF A 68 ACRE PORTION OF APN 048-010-074 AND A 2.5 ACRE PORTION OF APN 048-010-075 SUBJECT TO AMENDED CONDITION B. 1., AMENDED TO REPLACE THE FIRST SENTENCE THEREOF WITH THE FOLLOWING TWO SENTENCES: TO INCLUDE ~~RS PART OF THE TENTATIVE PARCEL MAP SUBMITTED PROPOSING TO DIVIDE THE SUBJECT PROPERTY, A PLAN FOR A PERMANENT SOLUTION FOR DRAINAGE SHALL BE SUBMITTED FOR REVIEW AND APPROVAL. THE APPROVED DRAINAGE IMPROVEMENTS SHALL BE CONSTRUCTED PRIOR TO RECORDATION OF THE FINAL PARCEL MAP", CONDITION 2, AMENDED CONDITION 3. ~~ALL DWELLING UNITS AND ACCESSORY STRUCTURES, INCLUDING, BUT NOT LIMITED TO SUCH STRUCTURES AS GARAGES, SHEDS, AND BARNS, SHALL BE SET BACK 300 FEET FROM THE WEST AND SOUTHERLY PROJECT BOUNDARIES AS SHOWN ON EXHIBIT '~C". UNOCCUPIED MOBILE HOMES SHALL NOT BE USED FOR STORAGE PURPOSES", CONDITION 4, AND EXECUTION OF THE CONDITIONAL ZONING AGREEMENT. S M VOTE: l Y 2 N 3 Y 9 Y 5 Y (Motion Carried) RECESS: 12:20 P.M. RECONVENE: 12:30 P.M. Page 83 March 10, 1998 March 10, 1998 98-85 Continued 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. (FROM 2-24-98) (162) MOTION: FINDING THAT EXISTING RESIDENTIAL USE HAS ALREADY BEEN ESTABLISHED ON THE 2.9 ACRE PARCEL PROPOSED IN THIS LOT LINE ADJUSTMENT, AND RECORDATION OF A COVENANT TO RESTRICT RESIDENTIAL DEVELOPMENT ON THE REMAINING EIGHT ACRE PORTION WILL MEET THE ZONING CONFORMANCE REQUIREMENTS AS SPECIFIED IN BUTTE COUNTY CODE SECTION 20-95(b), I MOVE TO APPROVE THE LOT LINE ADJUSTMENT FOR GAUER AND BERTAGNA ON APN 039-150-048 (APN 039-190-034 NOT INCLUDED IN MOTION), SUBJECT TO CONDITIONS NO. 1-6, ELIMINATION OF CONDITION N0.7, AND AMENDED CONDITION NO. 8 (THE NEW CONDITION NO. 7) TO INCLUDE "ON THE EIGHT ACRE AGRICULTURAL PORTION OF LOTS 47 AND 62" (STAFF MEMORANDUM DATED MARCH 4, 1998). M S VOTE: l Y 2 Y 3 Y 4 Y 5 Y (Unanimously Carried) Page 84 March 10, 1998 March 10, 1998 98-86 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.) (1782) 1. Pat Olaskey, representing the South Butte County Task Force, Thermalito area - spoke to the Board in support of County deputy sheriffs; an accounting of Proposition 172 and Measure A; and the need for increased pay incentives for deputies to keep them from leaving Butte County for other law enforcement agencies. 2. Dee Hunter, Bangor, South Butte County Task Force - reported that Butte County Sheriffs' salaries are among the lowest in the state; the reduced number of deputies available to patrol Butte County because of the number of deputies leaving for other law enforcement agencies; and the high cost of training of new deputies. 3. LeNora Stevenson, Custer Lane resident - commented on Item 3.33 on today's agenda (waste tire enforcement granted application); a thank you for County support on Custer Lane; and wondering what progress is being made. 4. Gunter Ranft, Oroville - spoke in support of deputy sheriffs and the comments made by Dee Hunter. 96-87 CLOSED SESSION: The Board recessed at 1:40 p.m. to a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54957.9(a): 1. Kloss v. County of Butte; conference with legal counsel for anticipated litigation: 1. Initiation of litigation pursuant TO Government Code Section 54956.9 (c): Two potential cases, and 2. Significant exposure to litigation pursuant to Government Code Section 54956.9(b)(1): One potential case; and a conference with labor negotiator pursuant to Government Code Section 54957.6: Agency negotiator: Bill Avery; Employee organizations: Butte County Employees Association, Butte County Management Employees Association, Social Services Workers Unit, and Butte County Law Enforcement Officer Association (General Unit and Management- Supervisory Unit). Page 85 March 10, 1998 March 10, 1998 98-87 RECONVENE: The Board reconvened at 2:47 p.m. following a closed session conference with legal counsel for actual litigation pursuant to Government Code Section 54957.9(a): 1. Kloss v. County of Butte; conference with legal counsel for anticipated litigation: 1. Initiation of litigation pursuant to Government Code Section 54956.9 (c): Two potential cases, and 2. Significant exposure to litigation pursuant TO Government Code Section 54956.9(b)(1): One potential case; and a conference with labor negotiator pursuant to Government Code Section 54957.6: Agency negotiator: Bill Avery; Employee organizations: Butte County Employees Association, Butte County Management Employees Association, Social Services Workers Unit, and Butte County Law Enforcement Officer Association (General Unit and Management-Supervisory Unit). (NO ANNOUNCEMENTS) Communications 98-88 Communications received and referred. (COPIES OF ALL COMMUNICATIONS ARE AVAILABLE IN THE CLERK OF THE BOARD OFFICE.) A. Leon E. Mayer, Mayer Development Company, writes to request the Board adopt a resolution which would allow Mr. Mayer to assist the County in finding funding for a "First Time Home Buyers" grant program. Under this program amounts from 520,000 to $40,000 would be made available TO first time home buyers in the County. (REFER TO DIRECTOR-DEVELOPMENT SERVICES) B. Bill Olson, Farm and Home Advisor, sends a notice of a Resource Conservation District Workshop to be held March 18, 1998, from 1:15 p.m. - 6:00 p.m. at the Board of Supervisors Chambers, 25 County Center Drive, Oroville. The purpose of the workshop is to hear discussion on the formation of a Resource Conservation District and the issues needing to be resolved before formation can progress. Page 86 March 10, 1998 March 10, 1998 ADJOURNMENT: ATTEST: John S. Blacklock, hief Administrative Officer and Jerk of the and of Supervisors By: Page 87 March 10, 1998 There being no further business before the Board, the meeting was adjourned at 2:47 p.m. to reconvene on Tuesday, March 24, 1996 at 9:00 a.m.